Wage Garnishment From Owed Back Taxes and Other Personal Debt Problems

!: Wage Garnishment From Owed Back Taxes and Other Personal Debt Problems

What is Wage Garnishment?

Wage Garnishment is the process of subtracting money from an employee's personal compensation (including salary), often as a result of a court order. Wage garnishments continue until the entire debt is satisfied or arrangements are made to pay off the debt. Garnishments are often taken for any form of debt, but familiar examples of debt that result in garnishments include child support, defaulted student loans, owed back taxes, unpaid court fines, plus any other kind of monetary judgment.

How Does Wage Garnishment Work?

When served on an employer, garnishments will be obtained as a portion of the payroll plan. When processing payroll, at times there is not adequate cash in the employee's net compensation to satisfy all of the garnishments. When this occurs, the correct order to use a garnishment must be fulfilled. As an example, in a circumstance with federal tax, local tax, and credit card garnishments, the first garnishment taken will be the federal tax garnishments, then the local tax garnishments, and lastly, garnishments for the credit card. Employers receive a notice telling them to withhold a particular quantity of their employee's wages for payment and cannot refuse to garnish wages.

What Rights Have I Got When Wage Garnishment Occurs?

As soon as your employer is forced to garnish your wages through a court order or directly from the IRS, your good-standing with the company may be compromised. If this is indeed happening, you do have certain rights. Title III of the Consumer Credit Protection Act (CCPA) protects staff from discharge by their employers for the sole reason that their wages have been garnished for any one debt, and it limits the amount of your earnings that can be garnished in any one week. Title III doesn't, however, safeguard an employee from discharge if the employee's earnings have been garnished for a second or subsequent debt. As well, Title III will almost always give wage earners the right to receive at least partial compensation for the individual services they supply despite wage garnishment.

How to Stop a Wage Garnishment

To put a halt to a wage garnishment before it begins, determine if you can work out some sort of agreement rapidly with the other party. If you can not do that then perhaps your only option is to file bankruptcy immediately. Filing bankruptcy legally puts a stop on wage garnishments. As well, filing bankruptcy stops all your creditors' collection activities which is why it is often used as ammunition to avoid judgments.

Can a Wage Garnishment Be Reversed?

Okay, so you couldn't work something out with the other party to avoid the garnishment to start, so what might be achieved now? Unfortunately, once a writ of garnishment has been awarded, it is quite difficult to undo, but not impossible, specifically if the garnishment is eating up too much of your living expenses. If your wages are being garnished and you can't even afford to file a "Claim of Exemption" form with the court that issued the writ, you are able to obtain this form at your local courthouse. When you have your day in court, you will need to bring documented proof of your income and monthly living expenses, such as home loan or rent payments, utilities, groceries, and so on., in order to convince the judge to set aside the writ of garnishment.

Paying a Writ of Garnishment

Should you lose in court or don't contest the garnishment, there are no other options except to pay it off in full or simply wait until the day arrives when your paycheck is no longer garnished. Regardless of the course you choose, ensure that you acquire documentation from the creditor after the judgment has been payed off in full so that you have proof you paid the debt. You might want this proof in the future should you want to obtain a loan or credit.

Wage Garnishment From Owed Back Taxes and Other Personal Debt Problems

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Visit www.tax-tiger.com or call us at 866.667.3829. Tax Tiger specializes in Tax Settlement, Wage Garnishments, Offer in Compromise, Tax Liens, Tax Levies, Tax Resolutions and all IRS Tax Problems.

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Stop and Avoid Wage Garnishment and IRS Wage Levy

!: Stop and Avoid Wage Garnishment and IRS Wage Levy

Getting to Grips with Wage Garnishment

Have you ever heard of a wage garnishment? If you haven't, and you are responsible for paying the IRS what you owe them, then you should read on! If you're in a position where you owe the IRS money already, then you shouldn't just read on, but take note because wage levy is something that could very easily be in your future!

Every taxpayer knows that Uncle Sam needs his pound of flesh (or at least roll of dollars), regardless how many mouths you have to feed, and how high your mortgage payments are now that the financial world is in crisis, or how your income has changed. Uncle Sam doesn't care if you've lost your job, or had to take unpaid leave because of health reasons. If you owe Uncle Sam money, he wants it; and in the form of wage garnishments, he's going to make sure that he gets it.

There are strict procedural guidelines that the IRS must adhere to before they can attach a wage levy to your salary, and the first of these is to warn you that it's about to happen. If you haven't defaulted on your tax payments, then you need to immediately contact them because they need you in default in order to proceed! If you're not in default, then they can't put a wage garnishment onto your salary. You should get about 30 days warning of the wage garnishment going into effect so check the date that it is due to begin and use your time wisely.

If you're already finding it difficult financially, imagine how much worse it's going to be if the IRS takes money from your monthly income before you get a chance to see it? It's difficult enough to decide which bills get paid when your income no longer covers your monthly outgoings. If the IRS has a wage garnishment on your salary, then they take what they want and you have to make do with what's left. As soon as you get that warning letter, notice of levy, you need to act fast.

Find the services of a reliable tax relief specialist. You need someone who is experienced in wage levy issues so that they know their way around the system. You don't have time for them to learn the process on your case, you need someone who already knows the process and can stop the wage garnishment being put into place. These specialists will be able to guide you through the process, and mediate with the IRS on your behalf so that an amicable agreement is reached regarding your tax debt to the IRS.

As the recession tightens its grip, an increasing number of people are finding themselves in a wage garnishment situation. A recent news story from Lima, OH suggested that there was a 24% increase in these cases compared with the same 5-month period in 2008. Uncle Sam wants his money, if you didn't have it to pay when it was due, chances are you don't need him taking it from your wages so if you owe the IRS money, or you get a letter telling you that you are about to have a wage garnishment or wage levy attached to your salary - don't wait until it's too late to stop it.

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www.irsterminator.com 26 USC § 6330 provides that when a timely request for a Collection Due Process Hearing is made all IRS collection activity, including IRS levies, is suspended. This can happen in as little as two days. Suspending collection activity is the easy part. These videos discuss how to keep collection activity suspended indefinitely.

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Need help with bookkeeping, tax filing, IRS issues? Premier Tax Service, in Austin, Texas, offers premium services at affordable prices for individuals and small businesses (particularly real estate-oriented). With their ability to negotiate wage and bank levy releases, they can give you a fresh start! Visit us www.yellowpages.com

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Please go to www.srtaxservices.com for help in getting the best solution to your tax problems. I will work hard for you and I won't give you phony promises. I have over 25 years of experience dealing with the IRS. Please call me toll free at 1-866-944-7044 or e-mail me at steve@srtaxservices.com. Thank you. Steven Robinson, CPA.

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You Don't Need an IRS Job to Stop a Bank Levy

!: You Don't Need an IRS Job to Stop a Bank Levy

A bank levy by the IRS is imposed on people to recover the total amount due, while adjusting the amount to the tax due. When you fail to pay your taxes even after you have been served a legal notice, your bank will recover the amount from your checking account and send it back to the IRS. In Case your account has insufficient funds to cover your debt to the IRS, your bank reserves the right to freeze your account and recover the entire amount. This process is known as a bank levy. In other words, a bank levy is imposed on you following your inability to respond to the notice and pay the outstanding taxes to the IRS within 21 days.

In Case you are unable to pay your debts on time, the tax department has the right to initiate legal action against you by imposing a bank levy on your checking account. A bank levy can be devastating, making normal day-to-day living impossible. If you receive a notice of a bank levy from the IRS, you need to act quickly. Once you receive the "intent to levy" letter, you must act quickly if you intend to stop the process.

Ways to Stop a Bank Levy

Once you receive the dreaded letter, here are some steps you can take to prevent further trouble--

Submit a Form 12153 to request a "Collection Due Process Hearing." This can give you a cushion of 30 days to negotiate with an IRS officer for an alternate mode of payment of your dues. The modes can include an Installment Agreement, an Offer in Compromise, or a Penalty Abatement. The IRS on their part will normally suspend any collection activity during this 30 day period, provided the IRS does not believe the collection of the tax is in jeopardy.

At the close of the CDP hearing, Appeals will issue a determination letter. After which you may request a judicial review by petitioning the United States Tax Court, on or before the 30th day after the determination.
There is another IRS appeals process, called the Collection Appeals Program, or CAP, that is available under more circumstances than a CDP hearing. Unlike CDP, you cannot challenge the existence or amount of your tax liability under CAP. Also, you cannot proceed to court if you do not agree with the Appeals' decision in your CAP Case.

You may represent yourself at CDP, CAP and other Appeals proceedings. Or, you may be represented by an attorney, certified public accountant, or a person enrolled to practice before the IRS, such as an enrolled agent. The enrolled agent EA designation is earned by those who demonstrate expertise in representing taxpayers by passing a federal enrolled agent exam, or equivalent experience with an IRS job. Some of these professionals held IRS jobs in the past and can be a great asset. Also, you may be represented by a member of your immediate family, or in the case of a business, by regular full-time employees, general partners or bona fide officers.

Another alternative is to prove to the IRS authorities that a bank levy would cause you undue hardship. If you can prove that you cannot sustain yourself and your living situation would be jeopardized in the 21-day period, the IRS may allow you to withdraw whatever is necessary to meet your daily living expenses. The onus is on you to submit thorough financial statements and details about your day-to-day financial health. This step is usually your last ditch effort in negotiating with the IRS.

Do not let a bank levy happen to you. The problems you are likely to face range from complex legal tangles to bankruptcy. The tax department or your creditors can seize and sell all your immovable and movable property, such as house, car, furniture, etc., to recover IRS debts, rendering you homeless. The underlying moral - do not be intimidated by the IRS, and more importantly, do not make the mistake of assuming that the IRS only makes idle threats. If you do receive notice of an "intent to levy" you should deal with it immediately.

IRS Circular 230 Disclosure - Pursuant to the requirements of the Internal Revenue Service Circular 230, we inform you that, to the extent any advice relating to a Federal tax issue is contained in this communication, including in any attachments, it was not written or intended to be used, and cannot be used, for the purpose of (a) avoiding any tax related penalties that may be imposed on you or any other person under the Internal Revenue Code, or (b) promoting, marketing or recommending to another person any transaction or matter addressed in this communication.

You Don't Need an IRS Job to Stop a Bank Levy

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