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W.D.N.C: Carter v. Capital One- Complying with IRS Levy is not Debt Collection

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By Ed Boltz, 13 April, 2021

Summary:

Ms. Carter brought suit against her bank, Capital One, for complying with an IRS levy by taking $1,279.41 from her account, arguing that Capital One had violated the FDCPA. Finding that "an obligation to pay that 'arises solely by operation of law' is not a debt covered by the FDCPA" the district court dismissed the case.

Commentary:

Given that it appears that Ms. Carter owes the IRS more than $450,000, it would seem she has larger problems than this levy. Fortunately for the bankruptcy bar, this tax debt likely exceed the Chapter 13 debt limit.

For a copy of the opinion, please click here:

Carter-v-Capital-OneDownload

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