IRS Levied Me by Mistake – What to Do If You Were Wrongfully Targeted

Marc Boulanger • June 17, 2025
A man is sitting at a desk reading a letter from irs

You Got Levied by the IRS—but You Don’t Owe the Debt?

It happens more often than you think.


Whether it’s a mistaken identity, outdated IRS records, or funds taken from an account that doesn’t belong to you, wrongful IRS levies are a real problem—and can cause serious financial disruption.



If the IRS seized your money, wages, or property by mistake, this post explains what your rights are, how to get your funds back, and how to prevent the IRS from doing it again.

What Is a Wrongful Levy?

A wrongful levy occurs when the IRS seizes:


  • Assets from a person who doesn’t owe the tax

  • Third-party property not belonging to the taxpayer

  • Funds from an account held jointly, but contributed by someone else

  • Wages or income of the wrong individual

Common Causes of IRS Mistakes

  • IRS sent levy notice to the wrong Social Security Number or EIN

  • You already paid the tax debt

  • The levy happened after the statute of limitations (CSED) expired

  • You’re a non-liable party (e.g., spouse, parent, business partner)

  • IRS failed to send the required Final Notice of Intent to Levy

Can You Get the Money Back?

Yes—if the levy was wrongful, you can request a refund or reversal through:


  • A wrongful levy claim under IRC §6343

  • A CAP appeal

  • Filing Form 911 to request Taxpayer Advocate assistance


  • A legal claim under IRC §7433 if damages occurred


Related: IRS Garnished My Wages Without Notice – Is That Legal?

Step-by-Step: What to Do If You Were Levied by Mistake

Step 1: Contact the IRS Immediately


Call the number on your levy notice or work with a licensed CPA to:


  • Identify the cause of the error

  • Request an immediate levy release

  • Stop further enforcement while the issue is reviewed
    

Step 2: File a Wrongful Levy Claim (IRC §6343)


You (or your representative) must:


  • Submit a written request to the IRS Advisory Office

  • Include documentation showing ownership of the funds

  • Provide proof that the debt was not yours, or the levy was legally improper

Related: IRS Seized My Bank Account – Can I Get the Money Back?

Step 3: Consider Taxpayer Advocate Involvement


If the IRS won’t act—or the levy is causing immediate hardship—you can file:


  • Form 911 – Request for Taxpayer Advocate Service Assistance

  • A TAO (Taxpayer Assistance Order) may be issued to stop the IRS

Related: IRS Garnished My Wages Without Notice – Is That Legal?

How to Protect Yourself from Future IRS Errors

  • Keep your address and contact info updated with the IRS

  • File all tax returns on time—even if you can’t pay

  • Monitor your IRS transcripts regularly for updates or changes

  • Don’t ignore IRS letters—even if you think they’re incorrect

  • File Power of Attorney forms (2848) with your CPA for oversight

We Help Orange County Taxpayers Fight Back Against Wrongful IRS Levies

At Boulanger CPA and Consulting PC, we:


  • File wrongful levy claims and appeals

  • Reverse improper IRS collections

  • Recover funds taken from non-liable parties

  • Help you prevent further enforcement

📞 Call (657) 218-5700 or request urgent IRS help at www.orangecounty.cpa


FAQ: Wrongful IRS Levies

  • The IRS took money from my account, but I don’t owe anything. What now?

     File a wrongful levy claim under IRC §6343 immediately with documentation.


  • Can I sue the IRS for this?

    In some cases, yes—especially under IRC §7433 if the IRS violated collection rules and caused damages.


  • What if the money was already sent to the IRS?

    You may still be able to recover it if the levy was clearly improper or unlawful.

  • What’s the deadline to file a claim?

    Typically 2 years from the date the levy occurred—but don’t wait. The sooner you act, the better.



📣 About the Author


Marc Boulanger, CPA is the founder of Boulanger CPA and Consulting PC, a boutique tax resolution firm based in Orange County, California and trusted by high-income individuals and business owners across Southern California.


He is the author of Defend What’s Yours: A California Taxpayer’s Guide to Beating the IRS and FTB at Their Own Game, available now on Amazon. The book offers a step-by-step plan for resolving IRS and FTB tax debt without losing your business, your home, or your peace of mind.


With over a decade of experience resolving high-stakes IRS and State tax matters, Marc brings strategic insight to complex cases involving wage garnishments, bank levies, unfiled returns, and six-figure tax debts. He is known for helping clients reduce or eliminate tax liabilities through expertly negotiated settlements and compliance plans.


Marc is a Certified Public Accountant licensed in California and Oklahoma and holds the designation of Certified Tax Representation Consultant. He is a member of the American Society of Tax Problem Solvers (ASTPS) — the national organization founded by the educators and practitioners who have trained thousands of CPAs, EAs, and tax attorneys in IRS representation strategy.


Every case is handled with discretion, proven methodology, and direct CPA-led representation — not call center scripts.


📍 Learn more at www.orangecounty.cpa or call (657) 218-5700.


Marc The CPA's Tax Blog

Certified IRS letter sent to Orange County taxpayer with final notice of tax due
By Marc Boulanger August 1, 2025
Received a certified letter from the IRS? Orange County taxpayers: Learn what it means, what actions to take, and how to avoid levies or garnishments.
Person stressed about unpaid taxes reviewing IRS notices
By Marc Boulanger August 1, 2025
Orange County residents: Haven’t filed taxes in 5 years? The IRS may file for you. Learn how to catch up, avoid penalties, and protect your income.
Person stressed about unpaid taxes reviewing IRS notices
By Marc Boulanger August 1, 2025
If you haven’t filed taxes in 3 years, the IRS may take action. Orange County taxpayers: Learn how to get current, avoid penalties, and protect your income.
Reconstructing tax records for IRS filing in Orange County
By Marc Boulanger August 1, 2025
Lost your tax documents? Orange County taxpayers can still file safely. Learn how to reconstruct income, avoid penalties, and resolve IRS issues with a local CPA.
IRS Collection Standards Guide for Tax Relief - Boulanger CPA
By Marc Boulanger July 31, 2025
Learn how the IRS calculates your ability to pay using Collection Financial Standards. Orange County taxpayers can protect their income with local CPA help.
A man sits at a desk with a sign that says out-of-state tax relief
By Marc Boulanger July 16, 2025
National tax relief companies often can’t handle FTB, CDTFA, or EDD tax problems. Learn why California taxpayers need a local CPA for real results.
A man and a woman are sitting at a table talking to each other.
By Marc Boulanger July 16, 2025
National tax relief companies can’t help with FTB, CDTFA, or EDD cases. Learn why California taxpayers should hire a local CPA for real results.
An open book with a california flag on it is on a table next to a stack of papers.
By Marc Boulanger July 15, 2025
Owe the IRS in California? The IRS Fresh Start Initiative offers payment plans, penalty relief, and settlements. Learn what qualifies and how to apply.
A woman is sitting at a table reading a newspaper.
By Marc Boulanger July 15, 2025
Struggling to pay the IRS in California? You may qualify for Currently Not Collectible (CNC) status. Learn how to pause collections and avoid levies without a payment plan.
A man is sitting at a desk holding a wage garnishment notice.
By Marc Boulanger July 14, 2025
Owe taxes to both the IRS and California FTB? Learn whether both agencies can garnish your wages at the same time — and how to stop overlapping garnishments.
More Posts