Quick overview — why speed matters
An IRS levy is the most severe collection tool the IRS uses: it can take bank funds, garnish wages, or seize business or personal assets. The IRS usually sends a “Final Notice — Notice of Intent to Levy and Notice of Your Right to a Hearing.” After that notice, you must act quickly to preserve your rights and protect exempt funds (such as Social Security or disability benefits). The sooner you respond, the better your chances of stopping or limiting the levy. (See IRS Publication 594: The IRS Collection Process: https://www.irs.gov/publications/p594.)
Immediate checklist — what to do in the first 72 hours
- Locate the notice and read it carefully. Note the contact number, date, and the type of notice.
- Call the IRS using the phone number on the notice. Document the date, time, name of the agent, and what was said.
- If a levy already hit your bank account or pay, contact the bank and tell them you are disputing the levy; ask whether any funds are identified as exempt.
- Prepare to file a Collection Due Process (CDP) request (Form 12153) within 30 days if you received a Final Notice. Even if that deadline is near, file the request and call the office immediately. (IRS CDP information: https://www.irs.gov/collections/collection-due-process-cdp-rights.)
- Gather documentation—pay stubs, bank statements, proof of benefits, bills—so you can prove hardship or exempt income.
Emergency remedies explained
-
Collection Due Process (CDP) request (Form 12153)
-
What it does: A timely CDP request delays most collection actions while the IRS or an independent Appeals officer reviews your case. You generally have 30 days from the Final Notice to file. File Form 12153 and request a hearing; if you miss the 30-day window, ask for an equivalent hearing (see the IRS notice for instructions).
-
Why use it: It preserves your right to appeal and often gives breathing room while you pursue other remedies.
-
Reference: IRS CDP page and Publication 594 (https://www.irs.gov/publications/p594).
-
Financial hardship / Immediate release request
-
What it does: If the levy causes immediate economic hardship—meaning you cannot meet basic living expenses—the IRS may release the levy quickly. To get relief you’ll need to show the facts and supporting documents (rent, utilities, food, family support, public benefits).
-
How to request: Contact the IRS collection office listed on the notice or the revenue officer handling your case. If the levy already hit a bank account and funds are exempt (e.g., Social Security, SSI, VA benefits), provide proof and request release.
-
When to involve TAS: If you can’t get timely relief from the collection office, call the Taxpayer Advocate Service (TAS). TAS can intervene for urgent financial hardship and request an immediate release. (See Taxpayer Advocate Service: https://www.taxpayeradvocate.irs.gov/get-help/.)
-
Installment agreement or partial-pay installment agreement
-
What it does: Entering a direct debit installment agreement or having an approved installment plan often prevents future levies while you remain in good standing with payments.
-
How to request: Use the IRS Online Payment Agreement tool or call the number on your notice. A revenue officer can also approve temporary agreements in some cases.
-
Offer in Compromise (OIC)
-
What it does: An OIC settles the tax liability for less than the full amount owed when you can show inability to pay in full. While the OIC is being considered, collection action may be suspended depending on your situation.
-
How to request: Submit Form 656 and Form 433-A/B for financial disclosure. OICs can take months to process; they are not a guaranteed emergency fix but are an important option for severe inability to pay. (IRS Offer in Compromise: https://www.irs.gov/payments/offer-in-compromise.)
-
Innocent spouse relief (Form 8857)
-
If your tax liability is largely due to your spouse or former spouse’s actions, file Form 8857 for innocent spouse relief. This is not a quick automatic stop, but it can remove liability and end collection if granted. (IRS Form 8857: https://www.irs.gov/forms-pubs/about-form-8857.)
When the Taxpayer Advocate Service should be contacted
TAS provides independent help when a taxpayer faces significant hardship or the IRS hasn’t resolved an urgent problem. If the levy will cause immediate financial harm and standard IRS channels aren’t helping, TAS can escalate and request an immediate release. Use TAS if:
- You’ve tried the IRS phone number on the notice and the collection office but relief is not forthcoming.
- You will suffer immediate financial hardship (no ability to pay rent/mortgage, utilities, food, or pay medical bills).
- You have a compelling facts-and-circumstances case that needs an independent reviewer.
Contact TAS online or by phone: https://www.taxpayeradvocate.irs.gov/get-help/.
Recovering seized funds (bank levy already enforced)
If a bank has already surrendered funds to the IRS, recovery depends on the reason for the levy and whether the funds were exempt. Steps to pursue recovery:
- Immediately call the IRS collection office that issued the levy and explain why the funds are exempt (examples: Social Security, SSI, VA benefits). Provide documentation.
- Request a levy release and refund of exempt funds. If the IRS agrees, it will return funds to your account or issue a refund.
- If you can’t get relief, ask for a Collection Due Process hearing or ask TAS to intervene. You may also need to file a claim for refund for wrongly collected amounts (follow IRS guidance for refund claims).
For practical steps to handle a bank levy now, see our related article: “Emergency Options to Release a Bank Levy Quickly.” (Internal link: https://finhelp.io/glossary/emergency-options-to-release-a-bank-levy-quickly/)
Documents to gather before you call
- Copy of the levy notice and any IRS correspondence
- Recent pay stubs and bank statements
- Proof of Social Security, SSI, VA, or other benefit deposits
- Monthly household budget (rent/mortgage, utilities, food, medical expenses)
- Business cash-flow statements (for business owners)
- Previous correspondence with the IRS (audit letters, collection letters)
Having these documents ready will speed up the process and help you make a credible hardship claim.
Practical scripts — what to say on the call
-
To the IRS agent: “My name is [X]. I received Final Notice [notice number] on [date]. I’m requesting a Collection Due Process hearing and immediate consideration for release due to financial hardship. I can provide documentation now. Please tell me what you need and who I should follow up with.”
-
To Taxpayer Advocate Service: “I’m facing immediate financial hardship because the IRS has issued or threatens to issue a levy. I’ve attempted to resolve this with the IRS collection office [(date, agent if available)] and need TAS assistance for an immediate release.”
Document names, dates, and the people you speak with. Keep emails and call logs.
Common mistakes to avoid
- Ignoring the Final Notice — doing nothing eliminates your chance to stop the levy quickly.
- Waiting to gather papers — start immediately even if you don’t have everything.
- Assuming a levy is permanent — many levies are released once an installment agreement, hardship, or CDP appeal is approved.
- Using generic online advice without verifying IRS citations — rely on official IRS pages or a licensed tax professional.
Timeline expectations
- Filing a timely CDP request generally stays collection while the appeal is heard (30-day filing window applies for most Final Notices).
- Financial hardship releases can be fast (days) if the collection office or TAS agrees—timing varies by case.
- Offers in Compromise and Innocent Spouse determinations can take months.
Next steps and resources
- Start with the contact on the Final Notice. If the notice is near its response deadline, file Form 12153 and call the listed number immediately.
- If a bank levy has already occurred, gather proof of exempt funds and call both your bank and the IRS collection office.
- If you cannot get timely help or face imminent loss of shelter, utilities, or life-sustaining care, contact the Taxpayer Advocate Service for emergency assistance: https://www.taxpayeradvocate.irs.gov/get-help/.
Internal resources from FinHelp.io you may find helpful:
- Understanding Levy Release and How to Request One: https://finhelp.io/glossary/understanding-levy-release-and-how-to-request-one/
- How to Request a Collection Appeal to Stop an IRS Levy: https://finhelp.io/glossary/how-to-request-a-collection-appeal-to-stop-an-irs-levy/
- Emergency Options to Release a Bank Levy Quickly: https://finhelp.io/glossary/emergency-options-to-release-a-bank-levy-quickly/
Authoritative sources cited in this article:
- IRS Publication 594, The IRS Collection Process: https://www.irs.gov/publications/p594
- IRS Collection Due Process (CDP) information: https://www.irs.gov/collections/collection-due-process-cdp-rights
- Taxpayer Advocate Service, Get Help: https://www.taxpayeradvocate.irs.gov/get-help/
- IRS Offer in Compromise: https://www.irs.gov/payments/offer-in-compromise
Professional disclaimer
This article is educational and does not replace personalized legal or tax advice. If your situation is urgent or complex, consult a tax attorney, enrolled agent, or CPA who represents taxpayers before the IRS. In my practice, quick documentation and persistent, documented contact with the IRS or the Taxpayer Advocate often makes the difference between recovering exempt funds and permanent loss.