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Truth be told; we all fear wage garnishing. Really, the wage garnishing concept is frightening.

Wage Garnishing

Though having your wages taken from you to pay off a creditor is considered an extreme move to collect a debt, it’s more common than you may think. A majority of workers between the ages of 35 and 60 has experienced wage garnishment at one point in their career, and an unpaid tax is one of the primary reasons for the garnishing.

With the rise in IRS clamping down on tax debtors and using wage garnishing as one of the penalties, we’ve crafted this piece to inform you on what you should know about wage garnishing.

WHAT IS WAGE GARNISHING?

Wage garnishing is a situation where a court judgment mandates that a part of your income be given to your creditors or a person you owe money. In the case of Tax Liens, wage garnishing involves the IRS diverting a portion of your income to resolve your tax debt, and it doesn’t require a court mandate. The garnishment will continue until the debt is paid off or otherwise resolved.

WHAT ARE YOUR RIGHTS UNDER A WAGE GARNISHMENT SITUATION?

If you’re in a situation that requires wage garnishment, there’s a process that must be followed before your wage will be garnished.

  • First, you have to be sued.

  • A judgment has to be entered against you

  • A wage garnishment has to be issued.

  • You have to be notified by the creditor or your employer, of the court order.

  • You have the right to appeal the wage garnishment.

However, most of these don’t apply in the case of wage garnishment by the IRS. It’s worthy to note that federal law puts a limit on how much can be taken from your paycheck. Provisions under the Federal Consumer Credit Protection Act (CCPA) protect you from overly burdensome wage garnishments.

In the case of federal tax debt, a court order is not required to garnish your wage. The IRS will send you a Notice of Demand for Payment, followed by a Final Notice which will give you a specified number of days to pay a levy. If you fail to pay the levy, the IRS will contact your employer to begin garnishment immediately.

WHAT TO DO WHEN YOU HAVE A WAGE GARNISHMENT JUDGMENT AGAINST YOU.

When you’re in a wage garnishment situation, carefully read and understand the judgment or notice to verify that all the information is correct. Check whether the debt is not something you’ve already paid for then weight what to do next.

This is the point where you can decide to consult a tax attorney or tax resolution expert to help you make the right choices.

Typically, you’ll have three options

  1. Work out a different deal with your creditors or the IRS. Create a budget, see how much you can pay and meet up with the creditors/IRS to work out a payment plan.

  2. Challenge the Judgment when you believe the wage garnishment was made in error, improperly executed or will cause undue harm.

  3. Accept the wage garnishment and pay off the garnishment in installments as the judgment states or you can pay in lump sums until you pay off.

Alternatively, when facing a potential wage garnishment situation, the best course of action is to be proactive by contacting the IRS/creditor and try to reach a payment arrangement.

At Tax Relief R Us, based in Rosedale, NY our expert tax consultants, negotiators, and mediators will negotiate with the IRS on your behalf and will help you achieve tax relief that’ll keep your mind settled and avoid wage garnishment. We navigate the tax process to work with the IRS for a better tax settlement that’ll bring a smile to your face again.

Are you located in Jackson Heights, or the surrounding New York area? Call us at (844) 829-2292 or contact us.