Can the IRS File a Lien Without Going to Court?

A taxpayer to search the Internet have this question in a Google search and found my site from the results of the search.

This article assumes the reader understands what liens, their power to influence life, and that the IRS uses it as part of his collection of tools to collect unpaid taxes.

But as a quick update for the readers, liens, the "Cliffs Notes" version: a "pawn", a claim that someone owes the plaintiff a debt obligation or duty, or, even shorter, "you owe me money," and, in some situations, the plaintiff may pursue the claim, or file a lien with the county clerk or other public agency records so that the demand from public stocks, what does hurt himself - - the debtor's credit rating.

Against this background, these taxpayers share concern in Q & A form:

Q: Will the IRS file a lien without going to court? A: Yes. The IRS does not need to go to court to file a Federal Tax Lien.

One of the things that makes the money due to the IRS (and most or all state tax authorities), as dangerous for the taxpayer, whether it be individuals or companies that the IRS authority to compel payment, far beyond the reaching powers of the unsecured creditors is.

If you owe the IRS back taxes, first of all, think of the IRS, the government as a creditor, like a department store or credit card company, your car company, your landlord, your bank, you have a mortgage on your house .

Then, secondly, the difference between the IRS and your bank, your landlord, your car Company: The IRS does not sue you and obtain a verdict against you money with a lien against you file.

But seriously, all the IRS has to be done to determine in a position to file a lien (1) that you owe money, (2) You say that you are guilty and ask you to pay it, and (3) Wait ten days. If you do not complete by the time the 10 days to pay up, the IRS filed the power and authority to lien a piece of paper - a notice of federal tax - with the host government authority, it was the County Clerk or other .

While the rule is that IRS did not file a notice of Federal Tax lien on the eleventh day, it certainly does not have the power, are met one way or not at all times according to these three standards.

The lien filing a notice of federal tax does what the very private matter of your taxes very, very public. And the IRS is authorized to do all this by just meeting the three criteria described above. The IRS is not easy, even a single door to do a single courthouse walking this (unless, of County Clerk) is in the court house. No law must be adapted to wind up, processed or produced.

Where did the other creditors to prove their case and convince a judge thereof, a jury or both, all the needs of the IRS is, however, the stroke of a pen.

In the words of the IRS:

"If these conditions are met, a lien for the amount generated by your Tax Debt. Through filing this lien, your creditors publicly stated that we have a claim against all your property, including property that is filed you acquire after the lien . This reference is used by the courts to establish priority in certain situations, such as bankruptcy proceedings or sales of real estate. "

The lien attaches all your property (like you) your house or car and all your rights to own property (such as receivables if) you are a business.

This power and ease with a lien file is enormously different from almost all other creditors. It is one of many reasons why you do not want that money owed to the IRS, and why you would probably be better off because money for almost everyone else. And why, if you owe money to the IRS, you want to do something to change that.

Editor Tips

Typically, retirement account owners and competitors are required to begin taking minimum annual distributions no later than 1 April the following year they reach age 701 / 2 However, the workers, retirees and employers Recovery Act of 2008, a minimum distributions (RMDS) for the year 2009 is only required.

To be considered for the IRS, this act, you must prove that at the time of signing, you were not aware of any false reports that the IRS believes that you are the innocent party in this situation. You will not automatically be protected under this Act.

The taxpayers may sanction advance on the basis of an application with an administrative waiver, such as poor tax advice provided by a physician, apparent reason, like a death in the family or a mistake on the part of the Internal Revenue Service.