A: Ignoring the IRS’s final notice of intent to levy could have significant consequences. Not only can they begin to levy your bank account or other assets, but you will likely lose your right to a Collections Due Process hearing. You would also have significantly fewer options to take to prevent or reverse a levy if you do not act quickly.
IRS Levy in Texas: What to Do Within 24 Hours to Protect Your Bank Account?
When the IRS is prepared to place a levy on your bank account, it can be a terrifying situation. Losing control of your finances can have a deep impact on your life and your ability to support yourself and your family. That’s why you need an experienced lawyer to help you deal with an IRS levy in Texas.
What Is a Bank Levy?
A bank levy is a legal tool the IRS uses to collect on unpaid taxes, fees, and interests. It is usually their last resort, implemented after multiple warnings and attempts to get someone to pay taxes. The levy allows them to directly take money from your bank account to repay these debts. Other forms of a levy can also allow them to garnish wages or seize other property.
This is different from a lien, and the difference is important to understand. A lien allows the IRS to use your property as security to get you to pay a debt, effectively preventing you from selling it. A levy actually gives them the ability to directly take your money or other assets. The IRS has been issuing fewer liens, with the number of notices dropping 67% from 2019 to 2024.
How Long Do I Have to Respond to an IRS Levy?
In the Lone Star State, you will have 30 days from the date the notice was issued to respond to the levy, or the IRS can seize your property. The 30 days start from that date, not the date you receive the letter. Because of the short time frame, acting within 24 hours can be essential to protecting yourself and your finances.
Steps to Take After Receiving a Notice of a Levy
The IRS may issue multiple warnings or notices of overdue debt before moving to levy. Once you receive the final notice of intent to levy, you should act quickly. These steps can better position you to protect your finances.
Get Legal Aid
Bank levy laws are complex, and the IRS knows them inside and out. Making a mistake can also hurt your case. Many people face the difficult situation of bank levies, with the IRS requesting over 300,000 notices of levies on third parties in fiscal year 2025. You should hire a bank levy lawyer who can walk you through your options and help you come up with a plan. Lawyers are often able to at least delay a levy, giving you time to prepare for a hearing.
Verify the Notice
Unfortunately, there are many scammers who try to prey on innocent people. This can include impersonating the IRS. Remember that the IRS will never send a text, call, or email about their intent to levy and ask for payment. Instead, the notice should come through the USPS, on government letterhead, with official IRS contact information. A tax professional can help you determine if a letter you receive is legitimate.
Request a Collection Due Process Hearing
The notice you receive should contain information about how to request a IRS Collection Due Process hearing. You will do this by filing Form 12153. You must do this within that 30-day window. Doing so will stop the IRS from enforcing collection actions while your case is being reviewed.
At this hearing, you can challenge the IRS’s decision, or you can propose an alternative plan. You also have appeal rights if you do not agree with the IRS’s decision after the hearing.
FAQs
How Do I Protect My Bank Account From Garnishment in Texas?
The most effective way to protect your bank account from garnishment in Texas is to be proactive by properly filing your return each year and taking care of any taxes due. When you haven’t or can’t do so, and a bank levy is put in place, you can protect your account by working with an attorney and filing the right forms to have a hearing, set up an alternative plan, or otherwise prevent garnishment.
How Soon Will the IRS Levy Your Bank Account?
Typically, the IRS can levy your account 30 days after they issue the final notice of its intent to levy, if no action is taken. Once a levy is in place, the funds will often be frozen for 21 days before they are sent to the IRS, giving you a final chance to take action. Paying close attention to any IRS mail you receive will help you not get caught by surprise with a sudden levy.
How Do I Stop an IRS Levy Quickly?
There are a few ways to stop an IRS levy quickly. Working with a tax attorney could be your smoothest route, as the IRS is not required to inform you of all the other options you might qualify for. You can also request a hearing, set up an alternative payment plan, or pursue other avenues to prevent a levy from happening.
What Happens if I Ignore an IRS Final Notice?
Ignoring the IRS’s final notice of intent to levy could have significant consequences. Not only can they begin to levy your bank account or other assets, but you will likely lose your right to a IRS Collections Due Process hearing. You would also have significantly fewer options to take to prevent or reverse a levy if you do not act quickly.
Hire a Bank Levy Lawyer Like David Coffin PLLC
An IRS bank levy can be a financially devastating action that affects your future. It can be even more difficult to face if you’re part of the 65% of tax debt cases that involve households with an annual income under $75,000. Rather than facing it alone, get the help of an experienced tax lawyer.
One small mistake in your response to a levy could hurt your case. Tax law is a massive subject, and the IRS knows it well. That’s why it’s important to have an attorney who also understands tax law deeply. David Coffin spent many years as a Trial Attorney representing the IRS, so he’s familiar with the laws required and with common IRS tactics.
Our firm represents clients in the Dallas-Fort Worth Metroplex, across Texas, and even nationally. When you need help with an IRS levy in Texas, come to professionals you can trust. Contact our office today to learn more about how we can help you.
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