NC Department of Revenue

[leroylin]

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

My problem, the NC Department of Revenue has frozen my bank accounts (checking and savings).
Situation is I do not owe the NC Department of Revenue any back taxes. I opened this account as a single account about four years ago, because my wife was not in a mental state to handle money. About a year ago I thought that it would be wise to have another person on the account should I not be able to access the account myself. I added my daughter name to the account, she does have an unpaid tax issue. She has not done any transaction with this account. All moneys in the account are mind and have been used solely for my needs.
Now I am faced with 8 creditors they have insufficient funds notices. The bank has sent me notice that I owe them $280.00 overdraft fee. I’m sure I will be getting notices from my creditors with penalties for late payment. This action by the NC Department of Revenue has done great damage to my financial situation. What recourse do I have available? I was not given any notice that the account would be attached, no opportunity to take preventive action.

 

[Banned_Princess]

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

My problem, the NC Department of Revenue has frozen my bank accounts (checking and savings).
Situation is I do not owe the NC Department of Revenue any back taxes. I opened this account as a single account about four years ago, because my wife was not in a mental state to handle money. About a year ago I thought that it would be wise to have another person on the account should I not be able to access the account myself. I added my daughter name to the account, she does have an unpaid tax issue. She has not done any transaction with this account. All moneys in the account are mind and have been used solely for my needs.
Now I am faced with 8 creditors they have insufficient funds notices. The bank has sent me notice that I owe them $280.00 overdraft fee. I’m sure I will be getting notices from my creditors with penalties for late payment. This action by the NC Department of Revenue has done great damage to my financial situation. What recourse do I have available? I was not given any notice that the account would be attached, no opportunity to take preventive action.

Once you prove all the monies in the account are yours alone, they might get around to unfreezing the account. There is nothing more that you can do. you're not going to sue them, and they are not going to pay you damages. your daughter owed back taxes and by having her on your account had that risk. (even tho you never thought it would be a risk)

 

[davew128]

Once you prove all the monies in the account are yours alone, they might get around to unfreezing the account.

Or NOT. OP, your daughter is an owner of the account. That makes it fair game for levies. You don't want to lose the money in the account? Open a new account in your OWN name.

 

[leroylin]

Thanks for the reply.

Once you prove all the monies in the account are yours alone, they might get around to unfreezing the account. There is nothing more that you can do. you're not going to sue them, and they are not going to pay you damages. your daughter owed back taxes and by having her on your account had that risk. (even tho you never thought it would be a risk)

It confirms what I through.

 

[davew128]

It confirms what I through.

It was wrong. That means what you thought was wrong too.

 

[TinkerBelleLuvr]

If you are going to sue anyone, sue your daughter for the monies taken from the account. SHE is the one who owes/owed the state; she should repay you and all the associated fees. Chances are that she received many notices that she ignored.

 

[Banned_Princess]

It was wrong. That means what you thought was wrong too.

no, its not wrong. with sufficiant proof none of the money came from daughter, they might after a while (a long while, no way to rush them) they will release the account.




yes dad should sue the daughter, but I doubt she has anything anyway.

 

[davew128]

no, its not wrong. with sufficiant proof none of the money came from daughter, they might after a while (a long while, no way to rush them) they will release the account.

The only thing you should be rolling your eyes at is your ignorant comment on the matter. The account is jointly owned. That means any funds in there are subject to levy by a taxing authority unless THEY ARE STATUTORILY EXEMPT. Last time I checked, "Mom put all the money in the account" was not a statutory exemption.

 

[Banned_Princess]

The only thing you should be rolling your eyes at is your ignorant comment on the matter. The account is jointly owned. That means any funds in there are subject to levy by a taxing authority unless THEY ARE STATUTORILY EXEMPT. Last time I checked, "Mom put all the money in the account" was not a statutory exemption.

Its actually all of dads money.

I'm not saying it wont take forever to remove the hold, I'm saying PROVING the money is all his makes it exempt.

until such time as this can get all cleared up (daughter pays the taxes) he should put his money somewhere else.

And if I'm so wrong, how about some literature from NC saying proving the money cant be released if it is PROVEN TO BE ALL DADS MONEY.

I'll wait.

 

[davew128]

Its actually all of dads money.

I don't care if its the Easter Bunny's money. The answer doesn't change. Joint ownership equals ownership.

I'm not saying it wont take forever to remove the hold, I'm saying PROVING the money is all his makes it exempt.

And you're still wrong.

And if I'm so wrong, how about some literature from NC saying proving the money cant be released if it is PROVEN TO BE ALL DADS MONEY.

I'll wait.

I'm sorry, you're the idiot who claimed it was exempt. You made the incorrect statement, BACK IT UP. And post your tax practitioner credentials too while you're at it.

 

[Banned_Princess]

1-877-252-3252.


call them monday.

 

[davew128]

1-877-252-3252.


call them monday.

At which point can we expect you to go away?

 

[Banned_Princess]

At which point can we expect you to go away?

At no point. thanks for asking.