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What Is Wage Garnishment?

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...and can wage garnishments be stopped? 

First of all, the way wage garnishments work as far as the IRS is concerned, they have to give you the appropriate notices and our and your right to hearing

If you don't respond by the deadline, then the IRS will send a notice of levy of your wages to your employer.

So we're talking to an employee who receives a W-2 and not to somebody who's self employed that gets a 1099.

So assuming you're a W-2 employee, the IRS would send notice to your employer telling the employer that they are under an obligation to not pay the employee the check. They're also given instructions to the employer. 


If you don't respond by the deadline, then the IRS will send a notice of levy of your wages to your employer.

So we're talking to an employee who receives a W-2 and not to somebody who's self employed that gets a 1099.

So assuming you're a W-2 employee, the IRS would send notice to your employer telling the employer that they are under an obligation to not pay the employee the check. They're also given instructions to the employer. 

There's a chart that tells the employer how much you can give the employee, but roughly you're talking about for a single employee 400. And little bit more per month. So it's very drastic. 

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So it's designed to get the taxpayer (the employee) to contact the IRS right away and make arrangements to pay.

Now, if the employer actually obeys is levy from the IRS and they better do it because otherwise they'll be liable for the money and they normally will obey and withhold the wages from the employee except what's allowed by law.

And the employee calls a somebody like me and says, "What can I do? The IRS took my paycheck!"

What I would do and what the taxpayer can do is contact the IRS and prove hardship and fill out a collection information statement that demonstrates why the taxpayer needs all of his paycheck or most of it.

attorney-client-agreement

So it's designed to get the taxpayer (the employee) to contact the IRS right away and make arrangements to pay.

Now, if the employer actually obeys is levy from the IRS and they better do it because otherwise they'll be liable for the money and they normally will obey and withhold the wages from the employee except what's allowed by law.

And the employee calls a somebody like me and says, "What can I do? The IRS took my paycheck!"

What I would do and what the taxpayer can do is contact the IRS and prove hardship and fill out a collection information statement that demonstrates why the taxpayer needs all of his paycheck or most of it.

...and that can usually be negotiated pretty quickly from the with the IRS now that that's only a temporary solution. The taxpayer still has to make a long term resolution of his taxes.

But in a nutshell, that's the way it works in and how a taxpayer can try to get more of his paycheck from the IRS.

...and that can usually be negotiated pretty quickly from the with the IRS now that that's only a temporary solution. The taxpayer still has to make a long term resolution of his taxes. 

If you are dealing with stressful IRS problems and would like us to deal with the IRS for you, contact us today for your free no-obligation strategy session, where Attorney Ramos evaluates your case and creates a personal game-plan along with your free quote.

There is no obligation to retain our services. If Attorney Ramos thinks he cannot help you or that you would be better served elsewhere, he will gladly provide recommendations based on what he believes is in your best interest. Thank you.

About the Author Tony Ramos

Marco Antonio “Tony” Ramos, founding partner of The Law Office of Tony Ramos, P.C., is licensed by the Texas Supreme Court to practice law. He is a native Texan, born in Laredo, Texas, and has been practicing law since 1976. Attorney Ramos is a man who highly values virtue, integrity, and justice and strives to provide a higher standard of legal care to all of our clients.

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