Letter 1058: Field Collection final levy warning and hearing rights
Prepared by TaxRZR editorial team · IRS sources checked 2026-10-29 (ET) · professional review pending · This page’s Source Notes
Letter 1058 warns that the IRS intends to levy property for unpaid tax and gives you a right to request a Collection Due Process (CDP) hearing. It is a collection notice, not a new proposed tax assessment.
What the IRS can do next
Once the required notice period has expired, the IRS may levy wages, bank accounts or other property if no protection applies. A timely CDP request generally prohibits levy for the periods covered while the hearing and any judicial review are pending; exceptions apply. It does not prevent a lien filing.
Request a CDP hearing within the 30-day notice period; use the last day printed on your notice.
Do not count from when you opened the envelope. Use Form 12153 and the hearing-request address or submission method on your notice, not the payment address. Keep a copy and proof of timely submission. A payment-plan conversation alone is not a hearing request. If late, an equivalent hearing can generally be requested within one year of the levy notice date, but it does not stop levy, suspend the collection period, or provide Tax Court review of the decision.
Locate the hearing deadline now. Decide whether to request a hearing and propose a collection alternative; do not wait for a payment-plan call to preserve your hearing rights.
Steps to work through
- 01Identify every tax year and type of tax listed and compare them with your account records.
- 02If seeking a hearing, explain your grounds on Form 12153 and submit it as the notice directs before the stated deadline.
- 03Prepare a realistic payment proposal or hardship documentation. A timely CDP proceeding generally suspends the collection limitation period as well as levy action.
- 04If money has already been taken or the deadline is close, contact the issuing office and consider qualified representation or a Low Income Taxpayer Clinic.
Common misreadings
- LT11, Letter 1058 and CP90 have similar purposes, but use the instructions on the version you actually received.
- A late equivalent hearing is not the same protection as a timely CDP hearing.
- You cannot always challenge the underlying tax in CDP, particularly if you already had an opportunity to dispute it.
Templates and scripts
Read in the book
- Chapter 16: IRS CDP hearing: Protect your collection appeal rights
- Chapter 4: IRS notice response: Check your balance, deadline, and options
- Chapter 15: IRS wage levy or bank levy: What to do after funds are taken
- WorksheetsTool 8: Collection Emergency Checklist
- QuestionsCan the IRS take my house?
- QuestionsCan the IRS take my whole paycheck?
- QuestionsCan the IRS take my retirement account?
- QuestionsCan the IRS take my car?
- QuestionsCan the IRS take my kids' savings accounts?
- QuestionsWill the IRS take my inheritance?
- QuestionsWill the IRS contact my employer?
- OptionsIRS Collection Due Process (CDP) hearing: Form 12153
- OptionsIRS equivalent hearing: Options after a CDP deadline