New York State Garnishing Wages & Bank Acct?

[Justifi]

What is the name of your state (only U.S. law)? New York State.

I am a real estate agent. I live on commissions. I owe New York State approximately $25, 000 in back taxes, penalties, & interest. Without the penalties and interest the actual amount is a little less the $4000.00. Last month they garnished 10% of one of my commission checks. This past Thursday a New York State Tax representative visited me at my job. He want me to fill out this full financial disclosure form. Before he left, he casually asked for which bank that I use. I said that I would rather not disclose that information, because he was likely to clear out what little money that I have. I don't have a saving account.

My checking account only holds what I need to pay for rent, utilities, and food for the month. Do I have to make it easy for them to clear out my bank account? I know I owe them money. They can take 10% of my pay until the debt is fullfilled, but I can't have them taking the 10% and my living expense money. Is there anything that I can do to avoid that happening? If I'm homeless and I can't support to my basic need, I will never be in the position to right my wrongs. Any advise on what I am obligated to do by law would be appreciated and advice on how to protect enough income to survive?

Thank You.
New York State Tax Debtor

[JETX]

Originally Posted by Justifi

Is there anything that I can do to avoid that happening?

The tax board, just as any other creditor has the right to pursue your non-exempt assets, including your commissions. Unless you are able to negotiate a settlement or payment plan with them, you don't get to pick-and-choose what enforcement process they use.

[LdiJ]

Originally Posted by Justifi

What is the name of your state (only U.S. law)? New York State.

I am a real estate agent. I live on commissions. I owe New York State approximately $25, 000 in back taxes, penalties, & interest. Without the penalties and interest the actual amount is a little less the $4000.00. Last month they garnished 10% of one of my commission checks. This past Thursday a New York State Tax representative visited me at my job. He want me to fill out this full financial disclosure form. Before he left, he casually asked for which bank that I use. I said that I would rather not disclose that information, because he was likely to clear out what little money that I have. I don't have a saving account.

My checking account only holds what I need to pay for rent, utilities, and food for the month. Do I have to make it easy for them to clear out my bank account? I know I owe them money. They can take 10% of my pay until the debt is fullfilled, but I can't have them taking the 10% and my living expense money. Is there anything that I can do to avoid that happening? If I'm homeless and I can't support to my basic need, I will never be in the position to right my wrongs. Any advise on what I am obligated to do by law would be appreciated and advice on how to protect enough income to survive?

Thank You.
New York State Tax Debtor

How old is this debt? I am a bit amazed that 4000.00 turned into 25,000 with interest and penalites. How did that come about?

[Justifi]

Originally Posted by JETX

The tax board, just as any other creditor has the right to pursue your non-exempt assets, including your commissions. Unless you are able to negotiate a settlement or payment plan with them, you don't get to pick-and-choose what enforcement process they use.

That part is understood. The question is can they do both? If I have an agreement with them, can they still raid my bank account at will? This is presuming that I am keeping my end of the bargain. Do I have to give them my banking information?

[JETX]

Originally Posted by Justifi

That part is understood. The question is can they do both? If I have an agreement with them, can they still raid my bank account at will?

Unless your agreement excludes them pursuing a specific creditor action (levy on bank account, etc.), they can do any or all allowed processes.
However, it is unlikely (in my opinion) for them to pursue other actions if you have an agreement and are paying as agreed.

Do I have to give them my banking information?

You don't have to give it to them simply on their request; however, if they file post-judgment discovery (interrogatories, production, etc.) and that process requests the information, you MUST comply with the request or file an objection to said request.
If you object, they can then file a 'Motion to Compel' and you would have to appear in court and explain the LEGAL reason for the objection.