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Timing a levy......

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    Timing a levy......

    This is going to sound crazy, but does anyone know how to time a bank levy?

    As I posted on another thread, I was on a payment plan with the IRS when I lost my job and stopped paying them. Being the idiot I am, I also ignored their letters and never called them.

    Then last Saturday I got a notice in the mail "Notice of levy" against my bank. I withdrew all my money out of paranoia, but the problem is I am two months behind in my rent and on absolute last legs with my landlord who wants to evict me and will use any excuse to haul me off to court again, and last Thursday I mailed him the rent for October.

    I called up the IRS this morning and straightened everything out and they put me back on a payment plan (I started a new job) but they refused to cancel this levy which my bank says they still haven`t gotten.

    Now I am down to timing this damn thing. If I put the money ($1000) back into my account today, I risk having it seized if the bank gets the Levy tomorrow. On the other hand if I leave the money out, I risk the rent check bouncing and all hell is going to break loose.

    I tried to call my landlord and left a message asking he deposited the check yet (he is impossible to get a hold of) and he still hasn`t called me back. There is no way in hell I`m telling him to wait, or wait for a money order, and I can`t hand it to him personally as he lives too far away.

    So now it all comes down to timing....The IRS told me they mailed it to my bank on 11/26, then I called up again and this other IRS agent told me it was mailed 11/20, then I got one guy telling me it takes 7 days then another told me 10 days, then I got a woman who told me 14 days. I`ve been calling all morning over and over trying to get them to cancel this thing or tell me when my bank will get it, but they all give me different answers.

    Should I put the money back in the account or not? Should I flip a coin? I`m sort of siding with holding on to the money because if they seize that $1000, not only will I be out of $1000, but I will not be able to buy a money order and show it to the Judge (with the receipt as proof when my demon landlord hauls me off to court.)

    #2
    Take out the $1000 that is in your bank now. Put a stop payment on the check that you sent your landlord. Buy a money order, send that to your landlord with the explanation that you put a stop pay on the check. Send it registered/return receipt requested.

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      #3
      You know, I think you got THE answer I`ve been looking for! THANKS! I completely forgot about stop payments! I left another message on my landlords machine 1/2 hour ago telling him about having a "problem with my bank" and if he didn`t deposit the check yet to hold off as I will send him a money order. I was worried he might have deposited it today but I completely forgot about the stop payment option. I`m going to call my bank now...Do you know if stopped checks are charged the same as a bounced check though? No matter, I`ll ask them. Either way he is going to freak, but F- him..I`ll do just what you said and send it registered/return receipt. "Here`s your money pal now bring me to court for being just being one month behind." You know what this guy was doing to me? I would send him a check and he would wait a month before cashing it to say I was paying late and was three months behind, and I literally had to bring my bank records in to show the judge I had the funds well before he cashed it. Damn, that is a great idea though... Money order and registered/return receipt which I assume proves when he got it?

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        #4
        FEDEX The money order!!! That way it gets there overnight and u have return recept. Don't use post office express. Takes two days. The stop payment will probably cost 25.00 but it beats them taking the 1000!!! I wouldn't put a penny in that account for at least 21 days!
        Chapter 7 Pro Se....Discharged Feb. 2006

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          #5
          Guess what happened?? All day I put off putting a stop on the check as I just had a gut feeling my landlord probably deposited the check ( I STILL can`t get a hold of him) and he would completely freak if he found out I did. So I called up my bank today and they said the levy didn`t go through, then just now I came home from work all ready to call the bank to finally put a stop on this damn check, but at the last minute I decided to look at my account online...Look at this.....


          12/4/2007 LEVY/WRIT WITHDRAWAL $4.07 $0.00

          The levy went through!! And all they got was $4.07! Game over! LOL!!!!

          And you know, I came thiiiiiiiis close last night to putting that $1000 back in! Holy shiet, talk about a close one! So I guess this means they can`t take out anymore without another order and I can put this money back in now? The date says 12/4 so maybe I should wait till tomorrow, damn what a huge load off!! If I lost that $1000 I would have been in absolute hell right now. Now I just have to tell my landlord "what the hell is taking so long to cash my check"? LOL!

          I tell you though, this is the laaaaast time I ever go through this BS. From now on it`s money orders with reg/return receipt. I`ll just use the bank for small stuff. I owe CC`s as well and someone told me they can do the same with this levy stuff. F- that!

          Originally posted by cindylynnsmith View Post
          FEDEX The money order!!! That way it gets there overnight and u have return recept. Don't use post office express. Takes two days. The stop payment will probably cost 25.00 but it beats them taking the 1000!!! I wouldn't put a penny in that account for at least 21 days!

          Comment


            #6
            Yes but it says by law they can only take out what is in the account at the time the bank receives the levy. My bank got it today and I`ll I had was $4 bucks so that`s all they sent them. THey need another order to get more, but I think as a test I`ll put in another $20 and see what happens tomorrow. If my landlord tries to cash the check, I`ll run down there and hand them the cash right at the teller before it bounces. This happened to me once before, I mailed my landlord the rent thinking he wouldn`t cash it for a few days, but somehow he got it the next day and cashed it! So I had to run down there the same day with the extra cash and they re-submitted the check and it didn`t bounce.

            Originally posted by cindylynnsmith View Post
            I wouldn't put a penny in that account for at least 21 days!

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