Does one have any recourse against a New York State income execution for taxes
March 29, 2011 4:18 PM   Subscribe

Does one have any recourse against a New York State income execution for taxes? Can the person get it reduced or fight in any way?

My brothers salary is being partially taken by NY State for back taxes. NY State could not find him prior to this as he had moved. He cannot afford the amount they are taking and asked me if there is a way he could fight or reduce it, I did not know. I had him call, but they refused to reduce the amount. Is there anything he can do?
posted by Studiogeek to Law & Government (6 answers total)
I don't know what you mean by "income execution" but I'd speak to a lawyer regarding wage garnishment laws.
posted by dfriedman at 4:24 PM on March 29, 2011

Agreed with the suggestion of seeking legal council. But given the financial situation of your brother, finding an appropriate legal aid agency in his area might be best.
posted by m@f at 4:39 PM on March 29, 2011

Getting help from a tax professional seems like a really good idea here. If the NY State is coming after him for back taxes, there's a decent chance he owes federal taxes too, unless he's been intentionally paying the feds and stiffing the state. As bad as the problem is now, it's going to be a lot worse if the IRS gets involved too. Googling around, it looks like the Low-Income Taxpayer Clinic might be able to offer free assistance if he's in NYC.

According to this page, they can't take more than "ten percent (10%) of gross income, or twenty five percent (25%) of disposable earnings." Does the amount exceed these limits? If so, he should try again to get them to reduce the amount, specifically citing why he qualifies. The Taxpayer Rights Advocate could be useful if he's not getting a response through the standard channels. If not, he's going to have an awfully hard time getting them to reduce the amount, but working with a financial adviser is still a good idea, especially to see whether bankruptcy might make sense for his situation.
posted by zachlipton at 5:09 PM on March 29, 2011

Response by poster: I didn't suggest a lawyer as It seems to be totally within the law. It is 10% of his salary but not high enough for me to suggest bankruptcy. He just wanted to make a deal for a lower payment.

Thank you for the replies.
posted by Studiogeek at 6:49 PM on March 29, 2011

Bankruptcy does not vacate taxes owed.

If I were him, I would consult with an attorney specializing in tax law. Based on the attorney's take on his situation, he can then decide to hire one or not. Initial consultations are usually free of charge.
posted by violetk at 1:51 AM on March 30, 2011

Response by poster: Thank You !
posted by Studiogeek at 1:12 PM on March 31, 2011

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