Tax Lien Lawyers in Martinsburg

A "lien" in Martinsburg, 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 Martinsburg, West Virginia tax authorities, to compile taxes that the property-owner has failed to pay.

However, a tax lien in Martinsburg, 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 Martinsburg, West Virginia

The actual process of setting up a Martinsburg, West Virginia tax lien is normally pretty simple. The agency responsible for collecting taxes must first decide that a tax lien is warranted, normally by finding that the debtor owes a significant amount of back taxes.

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 the deadline passes without payment, most tax liens in West Virginia take effect automatically, giving the tax collectors all of the options in your property that any other lien holder would have.

Nonetheless, there are limits to how and when a tax lien can be enforced, at least under federal law. The IRS has 10 years to enforce a tax lien in Martinsburg, West Virginia or anywhere else in the U.S. If it never bothers to take action to seize property that's subject to a tax lien, the lien simply ceases to exist after 10 years. This rule is in place to ensure that the government does not sit on its rights, and to keep potentially-valuable property from being encumbered forever. Essentially, it creates a measure of certainty for both parties.

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

If you are notified by the government that you owe back taxes in West Virginia, and that they are going to pursue a tax lien to collect their money, things can get very difficult, extremely quickly.

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