Back taxes

[Envious]

What is the name of your state (only U.S. law)? Ca.

Can the State of California garnish the disability payments of someone living solely on disability, for back taxes? Taxes owed were from 1989. He had not received any notice from Ca concerning this matter since 2008. He moved from NV to CA last year and then in March, he was told that they would be taking money from his disability checks until it has been settled. He is living only on disability, and has now been diagnosed with cancer. Any help would be appreciated. Thank you...

 

[LdiJ]

What is the name of your state (only U.S. law)? Ca.

Can the State of California garnish the disability payments of someone living solely on disability, for back taxes? Taxes owed were from 1989. He had not received any notice from Ca concerning this matter since 2008. He moved from NV to CA last year and then in March, he was told that they would be taking money from his disability checks until it has been settled. He is living only on disability, and has now been diagnosed with cancer. Any help would be appreciated. Thank you...

If the type of disability payment he is receiving is garnishable by a government entity, then yes, they CAN do that. SSDI is garnishable for back taxes, but SSI is not (for example).

 

[CSO286]

What is the name of your state (only U.S. law)? Ca.

Can the State of California garnish the disability payments of someone living solely on disability, for back taxes? Taxes owed were from 1989. He had not received any notice from Ca concerning this matter since 2008. He moved from NV to CA last year and then in March, he was told that they would be taking money from his disability checks until it has been settled. He is living only on disability, and has now been diagnosed with cancer. Any help would be appreciated. Thank you...

Disability, yes. SSI or cash TANF or other needs based income, no.

 

[Envious]

Is there any thing he can do, say claiming hardship in a case like this? Anything that may be able to put off collections until he is done with his cancer treatments? I know it doesn't seem like much, but $150.00 from a disability check that's only $1200.00 is a substantial amount. With his rent being 50% of his income, can we file some kind of financial hardship papers in a case like this?

 

[CSO286]

Is there any thing he can do, say claiming hardship in a case like this? Anything that may be able to put off collections until he is done with his cancer treatments? I know it doesn't seem like much, but $150.00 from a disability check that's only $1200.00 is a substantial amount. With his rent being 50% of his income, can we file some kind of financial hardship papers in a case like this?

Hardship claims usually depend on the person proving that they are also a recipient of some other needs-based public assistance program.

Perhaps he should find some other housing that doesn't take 50% of this income.


See: http://www.bills.com/california-wage-garnishment-limits/---not an endorsement, just info I found.

 

[Envious]

Since he is receiving county medical assistance, would that qualify for proof? And, finding decent housing for less than $600.00 a month is fairly difficult. He has had a companion animal since he had his strokes, and many places do not accept large dogs.... Again, any help is greatly appreciated...Thank you so much!!!

 

[Onderzoek]

Since he is receiving county medical assistance, would that qualify for proof? And, finding decent housing for less than $600.00 a month is fairly difficult. He has had a companion animal since he had his strokes, and many places do not accept large dogs.... Again, any help is greatly appreciated...Thank you so much!!!

The issue would need to be determined by the garnishment agency, not the Social Security Administration. If he had been making regular payments, even small ones, without defaulting, they may not have been able to go the extra step of garnishment.

 

[Envious]

Thank you for your responses..... Much appreciated. The first time he was informed about this matter was in 2008, and he was living on disability at that point due to catastrophic illness. Before that, he had no knowledge of anything owed in California. Paperwork was sent in to Ca Tax Board, and then he never heard from them again until March 2013. I wasn't sure if there was a statute of limitations or if this may be considered uncollectable debt at this point.

 

[betachains]

Thank you for your responses..... Much appreciated. The first time he was informed about this matter was in 2008, and he was living on disability at that point due to catastrophic illness. Before that, he had no knowledge of anything owed in California. Paperwork was sent in to Ca Tax Board, and then he never heard from them again until March 2013. I wasn't sure if there was a statute of limitations or if this may be considered uncollectable debt at this point.

The CA tax board (FTB) is tougher than the IRS. The statute of limitations for collections is 20 years from the *date of assessment*. Your friend should look that up. Also, they may adjust the garnishment if he can show severe financial hardship. Call the FTB.