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Can I set up a payment plan for a NYS tax warrent/lien I got in the mail today?

Highland, NY |
Filed under: Tax lien Debt

My husband and I ammended our 09 and 10 taxes and filed our 2011 ones in October. I was told to wait two months to ensure they were recieved and set up a payment plan for the amount owed. I neglected to do this and recieved a NYS tax warrent/lien today. I would like to set up a payment plan. Can I still do this? I can't call until Tuesday when they open back up and I'm hystricle thinking they are going to garnish my husbsnds check or come take our belonginings. I would love to pay off everything we owe but I'm not able to all at once. We only have one income and money is already tight. If I offerend $120 a month until the money is repayed will that stop the lien or prevent them from garnishing wages? This is the first notice I've gotten. Please help.

Attorney Answers 4


  1. Call them. They'll talk. confirm it in writing. Whether $120 a month is enough depends on what is actually owed.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com


  2. First, you have some time--so relax. The state can't garnish your paycheck prior to Tuesday and since the bank's are closed until Tuesday they also won't grab your bank account before you have time to talk to them. Second, yes you can set up an installment plan, but have you figured out if this is the best option? You may be able to reduce your payments through an offer in compromise or eliminate it altogether (if you qualify) through a bankruptcy filing. In other words, there are sound, legal strategies to dealing with tax debt that you should assess since they could save you significant money under some circumstances.

    Many attorneys who do this work, including my office, offer a free initial consultation, if you provide the required information, so you have nothing to lose by contacting a good tax attorney.

    Good luck, .

    IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).

    No attorney client relationship has been created by this answer.


  3. Yes - give them a call and set something up.

    Good luck.

    Evan A. Nielsen is licensed to practice law in California and handles federal tax matters throughout the U.S. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.


  4. You don't state the amount of the tax warrant/lien. New York State's willingness to accept a payment of only $120 per month will turn on how much you owe and how much you can afford to pay. If you can demonstrate to NYS that you only have $120 available each month, you may be able to get them to agree. As Dana Atchley pointed out, you would have to produce all of your financial back-up information to show your monthly income and expenses.

    NYS can garnish your husband's wages, but they usually will not get around to doing this for a few months. They are more likely to hit your bank accounts with a levy. If a garnishment is filed, its important to know that they can only execute against 10% of your husband's wages. When I am negotiating with NYS, I like to tell the individual I am working out a payment plan with what the maximum amount is that they could get if they went forward with a garnishment. If you are offering a comparable amount of money on a payment plan, there is no good reason for them not to accept it.

    Another thing that is helpful to understand is that NYS will send an "income execution notice" to your husband. If he voluntarily pays then a garnishment will not be sent to the employer directly.

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