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Does an IRS Tax Lien Trump a Local Lawsuit Judgement

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  • 02-25-2009, 08:25 AM
    80hrsaweek
    Does an IRS Tax Lien Trump a Local Lawsuit Judgement
    We leased our first location from a man who has sued us for damages (unrightfully so after dropping 25k to fix the rat hole up) the judgement was in his favor for $6400 to which he garnished my business account. The account has since been drained by ordinary business expenses. And I am trying to start over again.

    I filed a 1099 on him for rents paid during my tenancy to which the IRS has sent me a notice of his back taxes and any further payments owed to him need to go to the IRS first. I think it was a 668 notice.

    His attorney is now trying to collect anything he can from me again and has taken me back to court for a "debtor examination" I showed him the IRS's 668 form requesting that I pay them first.

    So does the IRS's levy trump my ex-landlords judgement against me?
  • 02-26-2009, 08:15 AM
    llworking
    Re: Does an IRS Tax Lien Trump a Local Lawsuit Judgement
    Quote:

    Quoting 80hrsaweek
    View Post
    We leased our first location from a man who has sued us for damages (unrightfully so after dropping 25k to fix the rat hole up) the judgement was in his favor for $6400 to which he garnished my business account. The account has since been drained by ordinary business expenses. And I am trying to start over again.

    I filed a 1099 on him for rents paid during my tenancy to which the IRS has sent me a notice of his back taxes and any further payments owed to him need to go to the IRS first. I think it was a 668 notice.

    His attorney is now trying to collect anything he can from me again and has taken me back to court for a "debtor examination" I showed him the IRS's 668 form requesting that I pay them first.

    So does the IRS's levy trump my ex-landlords judgement against me?

    Its not a quesiton of "trumping" anything. The IRS has ordered you to pay the money that you owe him, to them. You are still paying the judgement, you are simply diverting the money to the IRS....and yes, they CAN do that and the court cannot punish you for it.
  • 02-26-2009, 03:10 PM
    80hrsaweek
    Re: Does an IRS Tax Lien Trump a Local Lawsuit Judgement
    Thank you,
    I guess now I have to get the IRS agent involved.

    Thank you again...;)
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