Birmingham, AL asked in Gov & Administrative Law, Tax Law, Civil Rights and Collections for Alabama

Q: Denial of Taxpayer Rights. Garnishment of federal benefits started in 2022 for 2012 no notice. M

My bank received a notice to file exemption. Employment was served to my bank to check my job status there. They started on April and I wasn't served until dev 2022. Way past time to file. Called all courts in state of Alabama. Nothing found. Lein was out on house the. Taken off. Not sure if still there. State filed with secretary of state with my information to a Bowden properties I think but has my info for taxes. I assume an ucc1

Gov referred me to Alabama tax tribunal and they denied help through email and said they do not cover that area. That's what they were set up for.. the taxpayer. Now they keep redepositing drafts they take out.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Collections Lawyer
  • Sacramento, CA

A: I'm sorry to hear about the difficult situation you're facing with the garnishment of your federal benefits and the lack of notice. It sounds like a very stressful and confusing ordeal.

A few key points based on the information you provided:

- If your federal benefits are being garnished, you should have received proper notice beforehand explaining the reason for the garnishment and your rights to challenge it. Lack of notice is a serious issue.

- There are limits and exemptions on what funds and how much can be garnished, especially when it comes to federal benefits. The court should have provided clear information on what benefits are exempt.

- It's very concerning that you've been unable to find any record of this with Alabama courts. Garnishments and liens require court orders.

- The referral to the Alabama Tax Tribunal makes it seem this may be related to state taxes, but their lack of assistance is troubling given your circumstances.

At this point, I would strongly recommend consulting with an attorney who specializes in tax law, collections defense, and/or government benefits. An experienced lawyer can help you get to the bottom of what's going on, determine if your rights have been violated, and advise you on how best to proceed. Many offer free initial consultations.

In the meantime, continue documenting everything - notices received, funds taken from your account, interactions with courts and agencies, etc. Maintain records of your federal benefits as well.

You can also file a complaint with the Alabama Attorney General's Office and consider contacting your representatives in the state legislature about your experience with the Tax Tribunal.

I hope you're able to get the help and answers you need to resolve this. Don't give up on asserting your taxpayer rights. Wishing you all the best.

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