How to Stop IRS Wage Garnishment: 5 Tips for Success

If you are in bad standing with the tax man, they may initiate garnishment. However, there are ways to stop IRS wage garnishment, here's what you should know.

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Wage garnishment is when a creditor takes a portion of your compensation and wages to pay off a debt. Rather than empty out a bank account or sell a property you own through a levy, wage garnishments are a gradual process that lasts until the debt is satisfied.

Just like other creditors, the government can garnish your wages for debts, such as a federal tax debt. In this case, the IRS itself makes a legal claim on your property (through a lien), then issues multiple warnings, before issuing a Final Notice of Intent to Levy.

The IRS will send a copy of Publication 1494 to your employer, to help them figure out how much of your income to exempt from garnishment. Your employer will ask you to fill out information your dependents and filing status, which you must return within three days. Otherwise, the amount exempt will be based on zero dependents. It is essential to understand the maximum garnishment limits by state, as these can significantly impact your take-home pay. Each state has its own regulations governing how much of your earnings can be taken, which can vary based on income and dependents. Knowing these limits can help you prepare better and ensure that you're not facing undue financial hardship due to garnishment.

 

Stopping IRS Wage Garnishment

There are a number of ways to stop IRS wage garnishment and get your garnishment released.

 

1. Pay Your Back Taxes

It’s easier said than done, of course, but it is also the simplest solution to ending IRS wage garnishment. You don’t have to pay your tax debt all at once. The IRS offers a short-term payment plan (within 180 days) as well as a long-term monthly installment plan (more than 180 days) through their website.

When you do decide to pay the IRS, be sure to go through their website to do so. They have information on how to either directly wire money to the IRS, send in checks, use a debit/credit card, or make payments through the Electronic Federal Tax Payment System. Avoid tax and tax payment related scams.

 

2. Negotiate an Offer in Compromise

Offers in compromise are often touted as a miracle solution against IRS tax debt, but it’s important to differentiate truth from hype. Yes, an offer in compromise can get you to drastically lower your original tax debt to a comparatively tiny value in some cases. But it is genuinely rare for the IRS to accept an offer in compromise.

With an offer in compromise, you are making the argument that even if you sell all non-essential assets and save up nearly every penny not spent on taxes, rent, and food, you still won’t be able to pay off the entire debt at a monthly rate before it expires (within ten years, plus tolling periods).

While the IRS has become a little more lax about accepting offers in compromise through its Fresh Start Initiative (you now only need to pay off your debt for about two years, rather than five), the basic spirit remains – partial tax debt forgiveness is not easy to come by. Your best bet for negotiating an offer in compromise, if it’s the only option you see as a way to cut off your IRS wage garnishment, is to talk to a tax professional. They’ll be able to analyze your situation and make an informed call.

 

3. Argue as Non-Collectible

A true last resort option is to convince the IRS that you are suffering financial hardship. One of the informal rules under the Taxpayer Bill of Rights is that the IRS must be courteous, and that includes not pressuring people to pay their debts when they are struggling to keep a roof over their head and put food on the table. failure to pay penalties explained can provide insight into how the IRS handles these situations. Understanding your rights can help alleviate anxiety during financial struggles and ensure that you are treated fairly. It's crucial to know what options are available if you find yourself unable to meet your tax obligations due to genuine hardship.

However, this does not make your debt go away. Neither does it eliminate penalties or interest rates. Your debt will continue to grow. But the IRS will not pressure you to pay it off until your financial situation has changed. To address the growing debt effectively, you might want to consider some helpful IRS penalty abatement application tips. Understanding the criteria for qualifying for abatement can make a significant difference in your overall financial strategy. By presenting your case clearly and with supporting documentation, you increase your chances of receiving a favorable outcome.

You don’t necessarily need to notify the IRS that your financial situation has changed. They will check up on your finances and tax reports periodically. But it is important to note that it is still likely in your best interest to pay off the debt as soon as you are financially able to, as it will otherwise just keep growing, and the IRS will soon begin garnishing your wages again.

Don’t forget to do your taxes even while non-collectible! The IRS can penalize you again and again for each missed tax return, and it won’t accept a payment plan from you until all your missing tax returns are turned in. While you’re at it, take a moment to check yelp reviews for favorite restaurants in your area to reward yourself after finishing your taxes. It's always nice to unwind with a meal from a spot you know has been rated highly by others. Knowing where to go can make the tax season feel a bit lighter. Additionally, there are no tax implications for service workers, which can simplify your financial planning. This means that if you’re working in a gig economy role or as a freelancer, your income might be more straightforward when it comes to tax time. Enjoying a delicious meal from one of those highly-rated restaurants can be a well-deserved treat after you’ve tackled your financial responsibilities.

 

4. Appeal the IRS Wage Garnishment

This can be somewhat of a desperate measure, because it is not always applicable, and there is a strict time window on it. If it has been less than thirty (30) days since you received you Final Notice of Intent to Levy, you may be able to appeal the IRS’s decision to levy your wages.

To appeal the IRS wage garnishment, you must prove that there was a mistake made with the amount you owe, or that there was insufficient notice provided before your wages were levied. However, it’s also important to note that the IRS reserves the right to levy your property or wages immediately if your debt threatens to expire. In addition to understanding the process for disputing wage garnishment, it’s crucial to familiarize yourself with the wage garnishment legal protections overview to ensure your rights are fully upheld during this challenging time. Various state laws may provide additional safeguards that can impact how and when wages can be garnished. Being well-informed about your options can make a significant difference in successfully navigating these situations.

If you are interested in your options to appeal the IRS’s decision to levy your wages, it’s important to get in touch with a tax professional right away. An experienced professional will help ensure that your appeal is made the right way.

 

5. Always Consult a Tax Professional

Online advice can help you better understand and interpret the information the IRS is providing you, but it doesn’t beat a one-on-one professional consultation. Many professional tax services offer individualized consultations at a low rate, or for free.

If you want to get a better grasp on what’s going on and need to explore your options more thoroughly, a tailored response from a real tax law firm will be your best bet. Here at Rush Tax Resolution, we specialize in helping clients navigate the IRS wage garnishment and requirements, and rush you towards a tax debt-free life.

How Much Money Can Be Garnished From Your Paycheck?

How much money can be garnished from your paycheck? This guide explores the collection process and wage garnishment calculations.

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The reputation of the IRS usually precedes it, to the point that most people know the IRS can take your money if you owe taxes for too long or owe too many taxes. But what most people might not realize is that the IRS, like many other creditors, can legally take money right out of your paycheck before it arrives in the bank. This is called wage garnishment.

The IRS cannot take your entire paycheck, however. There is a limit to how much money can be garnished from your paycheck each week and specific guidelines that the agency has to follow when going through this process.

The IRS must also give you a series of fair warnings before wage levies begin, and while drastic, a wage levy is one of the last things the IRS resorts to after a long collection process.

 

What is Wage Garnishment? 

Wage garnishment is not exclusive to the IRS and refers to any legal creditor claim on a person’s wages for a debt owed. In most cases, wage garnishments start with a court order to your employer, who will be responsible for ensuring that a certain portion of your wage is withheld and sent back to the person you owe money to until that debt is paid.

The most common debts that result in wage garnishment (aside from a tax debt to the IRS) are child support debts and consumer debts (student loans, credit cards, mortgages, auto loans, and payday loans, for example).

Wage garnishment, including tax levies, affect up to one in ten workers aged 35 to 44. However, wage garnishments are not the only type of garnishment/levy. Both the IRS and creditors can claim bank accounts and assets to satisfy their debt, either through the IRS collection process or a court order.

For non-tax wage garnishment, the exact process (including how long you have before the start of the garnishment, from the day you receive your notice) depends on state law.  

 

Understanding the Collection Process

Wage levies, alongside other tax levies, are one of the last resorts the IRS has up its sleeve when dealing with tax debt. In general, most taxpayers with minimal tax debt are informed about their obligation to pay via mail or face penalties and interest.

Failure to pay penalties and interest will continue to rise until the debt reaches a sufficient size for the IRS to begin a lien.

A federal tax lien is a legal claim by the government on all of your property, effectively taking priority over any other creditor, including future ones until your debt is paid.

This can greatly limit your access to financing and may necessitate that you work with the IRS to secure a way out of the lien to borrow money for your debt. Most creditors have less steep interest rates than what the IRS charges on tax debt.

If a lien is ignored long enough, the IRS will send you:

This last notice starts a 30-day timer before the garnishment begins, during which you have time to contact the IRS about starting a payment plan or gather the evidence to dispute your tax debt.

All in all, from the first IRS notice to your levy, the process can take anywhere from just a few weeks to 25 weeks (depending on the severity of the tax debt).

 

How Much Money Can Be Garnished From Your Paycheck?

When the IRS calculates how much money can be garnished from your paycheck, it is based on the number of dependents you have. The more people rely on your income, the less the IRS can claim. If you’re a low-income taxpayer with several dependents, the IRS might not be able to levy your wages. They can still potentially levy your bank accounts and Social Security income.

To determine exactly how much money the IRS is going to levy from your wages, refer to the official Publication 1494 or contact a professional tax attorney.

 

What if IRS Wage Garnishment is Causing Me Hardship?

The IRS must comply if their collection process is causing economic hardship – in other words, if you can prove that the IRS is taking too much money for you to be able to afford living, you can explain your financial situation to the IRS and ask to be temporarily made uncollectable.

Being made currently not collectible does not erase your tax debt, or even stop interest from accruing. Your debt will continue to grow, but the IRS will not attempt to claim money from you until your financial situation has improved.

It will check back periodically to review if you are still under financial distress. Once your situation has improved enough, it will resume collection actions (provided you haven’t willingly entered into a payment plan with the IRS at that point.

 

Can IRS Wage Garnishment Be Avoided? 

Yes, but not in a way that might make you happy. The only real way to avoid a levy is to pay your tax debt.

You don’t have to pay it all at once. Instead, you can enter a payment plan with the IRS to pay off your debt in a series of lump sums within 180 days or through monthly installations over a longer period of time.

There are a few prerequisites for starting a payment plan with the IRS, the biggest of which being that must be up to date on your tax returns.

If you cannot afford to pay the IRS back at your current income level, even through monthly installments over the next ten years from the date your tax debt was first assessed, you may be eligible for an offer in compromise. This allows you to pay a reduced tax debt, depending on your current income and the total value of non-exempt assets.

One way or the other, getting into hot water with the IRS can have dire financial consequences. The last thing you want to do is ignore your tax debt. No matter how large your debt, acting sooner rather than later can save you a lot of money in the long-term – especially if you’re working with tax professionals to help you navigate the wage garnishment release process.  Understanding how to avoid wage garnishment penalties is crucial for ensuring your hard-earned money stays in your pocket. Exploring options such as setting up payment plans or negotiating settlements can help mitigate the risk of garnishment. Taking proactive steps not only protects your income but also paves the way for a better financial future.

How to Stop Wage Garnishment: 6 Tips for Individuals

Negotiating with the IRS can be difficult, especially when you don’t know how to navigate the IRS’s ruleset. Explore these tips on how to stop wage garnishment.

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Certain debts and obligations can warrant serious collection actions from creditors, particularly for tax debts, late child support payments, and late loan payments. When you owe federal taxes, for example, the IRS goes through a step-by-step collection process to coerce payment. Wage garnishment is one of the last steps for employed taxpayers and involves ordering their employer to withhold a portion of their wages every month until the full debt – including penalties and interest – is paid off.

 

What is Wage Garnishment?

When the IRS garnishes your wages, it’s because you owe a significant tax debt and haven’t properly addressed the IRS’s collection actions against you. The IRS’s collection process officially begins as soon as ten days after you have been notified of your tax balance and due taxes.

Late payment penalties (and late filing penalties, should you fail to file or claim an extension) begin thereafter and continue to accumulate on a monthly basis, alongside an annual adjusted interest rate (based on the federal short-term rate, plus three percentage points for Q1 2021).

If your tax debt is high enough, then the IRS can immediately file a federal tax lien against all of your property and assets. Ignoring the lien may lead to levies, including wage levies (also known as wage garnishment).

If you act soon enough, you can stop wage garnishment and halt levy actions. The IRS will usually give you multiple warnings in the form of various notices, followed finally by a Notice of Intent to Levy. This is often your last chance to contact the IRS and negotiate a way to avoid a levy and stop wage garnishment.

Aside from levying wages, the IRS can also levy assets, properties, and bank accounts. Self-employed taxpayers, for example, might see the IRS claim and empty a bank account to satisfy the debt.

Unlike wage garnishment which occurs whenever a wage is paid, levies on assets, accounts, and properties are individual events. If the sale of a property or claiming of an account more than satisfied your tax debt, the remained is returned to you. If it was not enough, then the IRS may issue another levy on a different asset or property.

 

How to Stop Wage Garnishment

There are multiple ways to stop the IRS from levying or garnishing wages, but they all boil down to the same thing: tackling the debt itself. This means either

      1. Paying it off
      2. Coming to an agreement with the IRS, or
      3. Seeking for some form of debt forgiveness

Under specific circumstances, you can also argue that the IRS must pause all collection efforts. Let’s look at each option.

 

Paying Off Your Debt Entirely 

The most straightforward and least attractive option is to pay off your debt any way you can. This might involve selling property or negotiating with the IRS to discharge or subordinate their tax lien in order to let you seek financing.

Both of these options effectively create an exception for one property or creditor in the case of a federal tax lien, which usually prevents you from seeking credit, as the IRS’s claim supersedes that of any creditor under a tax lien.

 

Creating an IRS Tax Payment Plan

You don’t have to pay off your tax debt immediately. The IRS also offers multiple payment plans to let you pay off your debt in chunks. Interest will continue to accumulate during the payment period, but at a halved rate.

If you plan to pay off the entire debt within 120 days, you can qualify for a short-term payment plan. If you need more than 120 days, then the IRS will charge you in monthly installments through a long-term payment plan. Depending on your debt, these may be easier to manage financially than your ongoing or potential wage garnishment.

The setup fees for payment plans depend on whether you opt for short- or long-term, and whether you set the plan up via the Internet, or via phone/mail/appointment. Setting up online is often the cheapest and most convenient option.

Long-term payment plans are more expensive to set up, particularly if you opt out of the IRS’s automatic payment system (the Direct Debit Installment Agreement). Taxpayers who qualify as “low-income” (less than 250 percent of the federal poverty level) may also be eligible to have their setup fees waived or reimbursed.

Initiating a payment plan with the IRS can stop wage garnishment, as well as other levies. Sticking to the payment plan for at least four consecutive payments can make you eligible for a released lien as well, provided your total remaining tax debt is below $25,000, and you haven’t missed a payment in the past.

 

Negotiating an Offer in Compromise

Many taxpayers have fallen on hard times this year. Some aren’t able to meet the financial requirements for a long-term payment plan, let alone pay off the entire debt within a few lump sum deposits. That’s where an offer in compromise comes into play.

An offer in compromise is a payment plan wherein you tell the IRS what you are prepared to pay, and over what period. While it sounds too good to be true, it’s important to understand that the IRS typically rejects offers in compromise, unless they meet their standards and qualifications. This is where a tax professional can become critically important – they can help you negotiate with the IRS and draft an offer in compromise that is more likely to be accepted.

To understand how the IRS evaluates offers in compromise, it’s important to understand your own reasonable collection potential. This is calculated by estimating your own expendable income (what is left after taxes and basic cost of living) over a specific period, as well as net realizable equity. The IRS will comb your financial history to determine what you can afford to pay every month, and check if it matches up with your offer.

 

Arguing Financial Hardship

Wage levies are designed to leave you with an acceptable minimum monthly wage, and exemptions are raised for every dependent in your household. But if the IRS’s wage garnishment is affecting you heavily, to the point that you can argue financial hardship, you can talk to a tax professional about filing for Currently Not Collectible status.

This will halt all collection efforts until your financial situation changes. Eligibility for this status is determined periodically. It does not lift tax liens and does not halt interest.

 

Declaring Chapter 7 Bankruptcy

Most debts can be cleared by going through the bankruptcy process – but tax debts are special. Clearing a tax debt through bankruptcy is a lengthy process, and there are eligibility requirements before the IRS will drop your debt.

However, going through bankruptcy does pause most collection actions, including stopping wage garnishment. This doesn’t mean your tax debt is gone, but it does stop the IRS from claiming a portion of your wages, or anything else.

 

Always Seek Professional Tax Help 

Negotiating with the IRS can be difficult, especially when you don’t know how to navigate the IRS’s ruleset for tax debts and collection actions. Experienced tax professionals can help you cut the chaff and figure out your best path towards living debt free. Contact our team of professionals today to stop your wage garnishment. One crucial aspect to consider is the availability of tax debt relief options in California, which can significantly ease your financial burden. These programs may provide you with flexible payment plans or even reduce the total amount you owe. By exploring these options, you can regain control over your finances and move forward with confidence.

Wage Garnishment Laws by State: A Taxpayer’s Guide

A wage garnishment is a legal order authorizing an employer to withhold a portion of an employee’s paycheck to satisfy a debt. However, there are different wage garnishment laws by state.

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There are limits to what income can be garnished, and how much can be garnished.

Generally, private creditors can garnish less and face much greater opposition than child support garnishments and wage levies for unpaid taxes. Wage garnishment rules typically differ across state lines, but there are federal rules on which many states base their own laws.

 

Federal Wage Garnishment Rules

Federal wage garnishment rules for non-tax, non-alimony, and non-child support debts are based on disposable earnings, which include any “compensation paid or payable for personal services”, minus state and federal taxes, social security and Medicare taxes, State Unemployment Insurance tax, and any amounts withheld for required employee retirement systems.

While many of us understand disposable income to be wages minus taxes and living expenses, living expenses are not calculated when determining wage garnishment.

Instead, federal wage garnishment law limits the total garnishment to the lesser of:

States can set more stringent limits but are required to at least meet federal requirements. The different limits to wage garnishments from state to state are meant to reflect the differences in cost of living and wages across the US. Some states protect debtors better than others. A court judgment is needed to serve a debtor an order for wage garnishment, unless the debt is due to alimony, child support, unpaid local or federal taxes, or student loans.

 

Different States, Different Wage Garnishment Laws

When examining wage garnishment laws by state, there are a few things to note. Any states not explicitly listed below follow the federal rules for wage garnishment limits.

Note that there may be individual exceptions for child support, spousal support, alimony, unpaid taxes, and student loan debts. Child support liability, for example, can usually be more aggressively pursued than other debts. Refer to your state’s website for more information.

Alaska: Alaska imposes several additional exemptions to wage garnishment laws, as per the Alaska Exemptions Act.

Arkansas: Wage garnishment limits in Arkansas follow federal law, but laborers and mechanics have additional protections.

California: Wage garnishment limits in California follow federal law, but garnishment is calculated as the lesser of either 25 percent of a person’s disposable earnings, or disposable earnings minus 40 times California’s hourly minimum wage.

Connecticut: Wage garnishment laws in Connecticut are strict. Garnishments are limited to the lesser of either 25 percent of a person’s disposable earnings, or disposable earnings minus 40 times the federal hourly minimum wage/Connecticut’s minimum fair wage (whichever is greater).

D.C.: The wage garnishment limits in D.C. are the lesser of 25 percent of a person’s disposable earnings, or disposable earnings minus 40 times the state’s hourly minimum wage. Exemptions are slated to rise every year based on the state’s cost of living.

Hawaii: Hawaii’s wage garnishment limits are based on the more favorable of two calculations – the federal limits, and Hawaii’s own formulation. Hawaii’s own formulation uses monthly disposable earnings as a base, and takes 5 percent of a person’s first $100, 10 percent of the second $100, and 20 percent of the remainder. If the final total exceeds federal limits, federal limits are used instead.

Illinois: Illinois’ wage garnishment limits are very strict and are limited to the lesser of 15 percent of a person’s gross wages, or disposable earnings minus 45 times Illinois’ minimum wage.

Indiana: Indiana follows federal rules for wage garnishment laws but gives individuals the right to argue a reduction to 10 percent of their disposable earnings in the first payment.

Iowa: Iowa follows federal rules for wage garnishment limits but imposes an extra limit on how much can be garnished from an individual’s wages within a calendar year based on their annual income. For example, an individual with an annual income between $16,000 and $23,999 can only be made to give up a total of $800 in garnished wages over the entire year. Anyone earning $50,000 or more can only be levied for 10 percent of their annual income.

Maine: Maine’s wage garnishment limits follow federal law, except that the greater of either 40 times the federal minimum wage or the state minimum wage is chosen when calculating exemptions.

Maryland: Maryland wage garnishment laws differ from county to county. It’s best to contact a local legal professional for more information or refer to your county’s offices for help.

Massachusetts: Massachusetts limits wage garnishments to the lesser of 15 percent of an individual’s gross wages, or disposable earnings minus 50 times the federal/state minimum wage (whichever is greater).

Minnesota: Minnesota follows federal exemption limits but ups the exemption to the lesser of 25 percent of an individual’s disposable earnings, or disposable earnings minus 40 times the federal minimum wage.

Mississippi: Mississippi follows federal exemption limits but prevents creditors from garnishing any wages within the first 30 days after a garnishment order is served.

Missouri: Missouri follows federal exemption limits but adds greater protections to the head of the household, limiting wage garnishment to the lesser of 10 percent of one’s disposable earnings, or disposable earnings minus 30 times the federal minimum wage.

Nevada: Nevada increases wage garnishment limits to the lesser of 25 percent of one’s disposable earnings, or disposable earnings minus 50 times the federal hourly minimum wage.

New Hampshire: wage garnishments in New Hampshire are not continuous and are limited to the lesser of 25 percent of one’s disposable earnings, or disposable earnings minus 50 times the federal hourly minimum wage. If a creditor wants to claim more than two weeks of wages, they must keep going back to court.

New Jersey: New Jersey’s wage garnishment limits include up to 10 percent of disposable earnings if an individual earns no more than 250 percent of the federal poverty level for their household, or 25 percent for anyone earning more.

New Mexico: New Mexico increases wage garnishment limits to the lesser of 25 percent of one’s disposable earnings, or disposable earnings minus 40 times the federal hourly minimum wage.

New York: New York’s wage garnishment limits are the lesser of 10 percent of one’s gross wages, or 25 percent of one’s disposable earnings. If the disposable earnings are less than 30 times NY’s minimum wage, the individual’s wages cannot be garnished.

North Carolina: North Carolina limits wage garnishment to 10 percent of gross wages.

Pennsylvania: Wages in Pennsylvania can only be garnished for certain types of local taxes, student loan defaults, restitutions in criminal cases, child/spousal support, back rent, and divorce distributions.

South Carolina: South Carolina features different restrictions depending on the type of debt and has completely outlawed wage garnishments for consumer debts.

South Dakota: South Dakota limits wage garnishment to the lesser of 20 percent of your disposable earnings minus $25 per dependent, or disposable earnings minus 40 times the federal hourly minimum wage, and an additional $25 deduction per dependent.

Tennessee: Tennessee reflects federal wage garnishment limits but provides additional protections to individuals supporting minor children ($2.50 per dependent, per week).

Texas: Texas only allows wage garnishments for income tax debt, alimony, child support, and defaulted student loans.

Virginia: Virginia limits wage garnishment to the lesser of 25 percent of a person’s disposable earnings, or disposable earnings minus 40 times the federal hourly minimum wage.

Washington: Washington limits wage garnishment to the lesser of 25 percent of a person’s disposable earnings, or disposable earnings minus 35 times the federal hourly minimum wage. Exceptions are made for child support where more can be garnished.

West Virginia: West Virginia has limited wage garnishment to the lesser of 20 percent of a person’s disposable earnings, or disposable earnings minus 30 times the federal hourly minimum wage.

Wisconsin: Wisconsin has limited wage garnishment to the lesser of 20 percent of a person’s disposable earnings, or disposable earnings minus 30 times the federal hourly minimum wage.

 

IRS Wage Garnishments and Unpaid Tax are Calculated Differently

It’s important to note that any wage levies by the IRS are handled separately from other wage garnishment orders. Instead, the IRS claims wage levies when taxpayers have a significant amount of unpaid taxes and refuse to pay or negotiate a payment plan.

The IRS can levy wages for as long as they must in order to satisfy the debt and can claim a sizeable cut of a person’s wages based on their total number of dependents. The IRS requests employers to withhold pay based on Publication 1494. Employers must give their employee a Statement of Dependents and Filing Status, which they must fill out and return within three days. There are no state-to-state differences for wage levies for unpaid taxes to the federal government.

On the other hand, there may be different wage garnishment rules for unpaid state taxes. Refer to your local government’s revenue service or visit a local tax professional for more information.

 

Contact a Tax Professional

Because of the different wage garnishment laws by state, it can get difficult to deal with garnishments. If you have received a wage garnishment notice, contact our team of professional tax attorneys. We will fight vigorously to protect your assets and find a resolution that works for you.

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