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vivid | IRS Problems? Help.!!!!! Need Legal advice.? |
I have a joint account with someone who owes money to IRS. Yesterday a large amount of money was withdrawn from our account. Can they withdraw money from a JOINT accout. Even though the other person does not owe any money? Is the bank to blame for allowing them to take it? Is there a way to recover any of it? Help. |
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Ms.MojoRisin
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The IRS can do pretty much anything they want when someone owes them money. unfortunately. Since your partner's name was on the account, the IRS can get to it, and they don't even care if, theoretically, it was half yours.
If the IRS liability wasn't yours, I would suggest getting the joint account holder to sign a promissory note and start paying you back however much of the money taken out was yours.
Wish there was a more positive answer. |
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MoB
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Let's look at the facts here. You are not married, did not file a joint account, nor file married filed seperately, correct? The fact that the other person owed the money, it WAS their account that the IRS took the money out of. They have the right to do that. The IRS has no way of knowing whose money is whose in that account. As far as they are concerned it was all his/her money in there. Now, if you have contributed more into that account than the other person, that person now owes you the difference. Not the bank, not the IRS, that person with whom you share the bank account with. I would have an IOU written up and notorized and have them make payments to you to make up the difference of what money was in that account that was theirs and what money in that account was yours that the IRS took out. If they refuse to do so, then sue them in small claim court. But you will have to prove what money was yours and what was theirs in that account. Kind of hard to do. But they are the one who owes you the money that was taken out of your joint account. A lot of unmarried couples get stuck this way. That's why if you are unmarried, you should have 1 account for household bills only(minimal amount put into), 1 account that is his, and 1 account that is yours. The IRS can still empty out his account and the joint account, but at least they wouldn't be able to touch your account. |
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Wayne Z
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If their name is on the account and they owe the IRS money, yes the IRS can take it. Money in joint accounts is subject to levy even if only one of you owes back taxes.
The fact that it has gotten this far means that they have ignored more than a few notices from the IRS. |
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wartz
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If the person who owes IRS can withdraw funds from the account, IRS can withdraw funds from the account. To get any relief, you would have to show that the other person has no interest in the account. An example would be an elderly person who put an adult child on their account as a convenience. |
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Doctor Deth
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sure they can do that |
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Maryfrances
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Yes, the IRS can do this. Since it is a joint account, they can take 100% of it to pay the other person's bills. The other person can also take 100% out and skip town, if they want to.
I would consider pulling all of my remaining money out of the account and getting my name off it (in case the other person bounces checks, for instance).
Was any of the money the IRS took yours? If so, ask the other person to pay you back. I wouldn't hold my breath, though--since they haven't been responsible about this debt to the IRS, they probably won't be responsible to this debt to you. The most I expect you to get is a promise or excuse. Of course, I could be wrong.
I don't know if you can take them to court. If so, you would probably need to prove how much of that money is yours by proving the source of the deposits you claim and what was withdrawn.
The bank is not to blame; they were just following the law. You will probably never see your money again. |
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Judy1
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If it's a joint account, then sorry, but yes they can take the money for the debts owed by EITHER person. Not only is the bank not to blame for allowing the IRS to take it, the bank didn't have a choice, they are required to. |
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soula3
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looks like your S.O.L. |
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chatsplas
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Sorry. You're SOL. And the joint account holder knew that this was coming because they get notices and such. Or, even worse, they directly authorized it. You need to speak with this person, pronto.
No one is to blame, but yourself, for trusting this deadbeat. You can sue them in small claims court. Usually there are other clues to this type of behavior. CLOSE the account, and take your money, if any is left, OUT. |
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