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Tax Garnishment made in error -- who is responsible for my account overdraft fees?
Raleigh, NC
Viewed 254 times.
Posted about 1 year ago in Tax
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Earlier this year, the North Carolina Dept. of Revenue sent me a notice stating that I owed income tax for Tax Year 2003. That year, I had oved from Massachusetts and was a resident from June 2003 to present. It took me over a month because of issues I was having with my employer obtaining duplicate W-2's but I finally got copies from the IRS and faxed them over to the NC Dept. Rev. I assumed that was the end of it, but this past Monday, a garnishment in the amount of $470.32 was withdrawn from my checking account. I received no notice and was completely taken aback. I have refaxed them my W2's and cleared this up but now have over $250 in overdraft fees from my bank that neither the NC Dept. of Revenue nor my bank want to take responsibility for. What are my options? I only made $28K that year and was actually entitled to a refund which I am told the statute has run out on. It will take 3 weeks for them to mail me my check for the garnishment and now I am out almost another $300 for something that was not even my fault.
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Answers (1)Gregory Herman-Giddens
This attorney is licensed in North Carolina and 2 other states.
Posted about 1 year ago.
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The bank is not responsible for the overdraft fees, but it sounds like the NC Department of Revenue should be. However, it's not worth suing them to recoup the funds due to the cost of filing suit. You could try contacting your district's Representative to the NC Legislature to see if his or her office will contact the Department of Revenue on your behalf to obtain reimbursement.
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