Tax Lien Lawyers in Elkins

A "lien" in Elkins, West Virginia is a type of security interest that one person or entity has in someone else's property. Usually, a lien is created by a court, to secure payment of a debt. A lien gives its holder many rights in the property that is subject to it, including the right to seize the funds if the property is sold, and priority access to the property, in front of other creditors.

As you might have gathered, a "tax lien" is simply a lien placed on property by the IRS or Elkins, West Virginia tax authorities, to compile taxes that the property-owner has failed to pay.

However, a tax lien in Elkins, West Virginia will be ineffective if the debtor doesn't own any valuable property to encumber with a lien. As with any debt, the creditor can't collect if the debtor doesn't have any assets. Nonetheless, a tax lien can be applied to property that the taxpayer gains after the lien goes into effect.

Tax Lien Procedure in Elkins, West Virginia

Imposing a tax lien in Elkins, West Virginia is usually an uncomplicated process. Typically, the tax authorities simply have to make a decision that the taxpayer is delinquent in their taxes, and that imposing and enforcing a tax lien will actually be worth the effort.

They will then mail a document called a "notice and demand," which lets the taxpayer know that they owe money on their taxes, and that they have a specific period of time (normally 10 days) to pay what they owe.

If this 10-day period expires without payment, the tax lien arises automatically. Once this happens, the tax authorities in West Virginia have all the options in the taxpayer's property that any other lien holder would have, containing priority over competing creditors.

Nonetheless, in Elkins, West Virginia, and anywhere else in America, a tax lien only lasts for 10 years, and then it automatically expires. If the IRS fails to exercise the considerable rights that it has under a tax lien within that period of time, it is assumed that they never intend to do so, and the lien will cease to exist. This ensures that valuable property is only kept out of the economy for a certain period of time.

How Can a Elkins, West Virginia Tax Lien Lawyer Help?

If the federal government, or the government of West Virginia informs you that they intend to place a tax lien on your property, you will likely face some pretty difficult and daunting legal issues.

Therefore, if you think that any piece of property you own might become subject to a tax lien in Elkins, West Virginia, you should not delay to seek the advice of a qualified tax attorney immediately.