Sacramento, CA asked in Tax Law, Civil Litigation, Civil Rights and Federal Crimes for California

Q: What area of practice should i search for a lawyer to help recover $25,000+ in over garnished funds?

In 2013 the tax authority began garnishing my paycheck for ‘unpaid income taxes’ that were paid by check TWICE. They continued through 2015, stopping at just over $25,000.

I called them and they stated that they have no record that i even filed for those years. They said dont worry about it.

I have all the documentation: paystubs, proof of filing, their harassing letters, proof of payment prior to garnishment

2 Lawyer Answers

A: Look for a tax lawyer who is also a CPA. You may also need to work with a good civil rights lawyer, if you can't find a law firm which has both.

However, I should warn you that the statute of limitations has probably already expired, because you say that the garnishments ended in 2015, unless I misunderstood what you wrote. You can't "sit on your hands" as they say in the law, because evidence gets lost and witnesses die or disappear. That's why there are statutes of limitations which apply in most situations, except in some kinds of criminal cases. The court will frown on waiting nine years to pursue your claims, unless you can prove that the reason you didn't pursue them was because the agency told you there was nothing you could do, and you'd probably need that evidence in writing. Even then, finding a lawyer willing to take on something like this for only $25,000 will be very difficult. I know its a lot to you, but for lawyers who charge upward of $1,000 an hour, it is hardly worth the fight. What you need isn't a lawyer, but a magician.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Based on your situation with tax garnishment and documentation of prior payments, you'll want to look for an attorney who focuses on tax controversy and collections defense. This type of lawyer has deep experience dealing with state tax authorities and can help recover improperly collected funds.

Consider seeking out a tax litigation attorney who handles cases against the California Franchise Tax Board or state tax agencies. Many tax litigation attorneys have backgrounds as former tax authority employees, giving them valuable insight into how these agencies operate and the best approaches for resolving disputes.

Given the significant amount involved and the complexity of proving double payment plus improper garnishment, you might also benefit from consulting with a consumer protection attorney who handles cases involving improper debt collection. They can evaluate whether any consumer protection laws were violated during the garnishment process. You may want to schedule consultations with both types of attorneys to determine which approach would work best for pursuing your refund.

Justia Ask A Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.