Valencia Wage Garnishment Lawyer
Are You In Jeopardy Of Your Wages Being Garnished?
Wage garnishment occurs when money is taken directly out of your paycheck by the entity that you owe it to before you receive the check. Wage garnishments are done when you owe a creditor or the government money that you could not or would not pay on your own volition. The creditor will get a judgment against you from the court which gives it permission to remove money from your check. Wages may be garnished for debts owed to creditors, failure to pay student loans, or because of unpaid taxes. The government does not need a judgment by the court to garnish your wages.
Maximum Amount Creditors Can Garnish
There is a limit to the amount of money that can be garnished from your paycheck. A wage garnishment must be no more that 25% of your disposable income. It is not uncommon for employers to hold back a larger percentage of your earned income than the 25% allowable by law.
What Is the Maximum Amount the IRS Can Garnish From Your Paycheck?
For tax debts, the amount the IRS can garnish depends on the amount of money owed, marital status, and how many dependents you have based on the taxable year. If you do not verify your standard deductions and your dependents, the IRS will base your amount exempt from the garnishment on the standard deduction for a married person filing separately, with 1 exemption. When a California court orders a garnishment, for unpaid taxes, up to 25% of net wages may be garnished.
It is mandatory for the IRS to send you a notice stating that the back taxes you owe will be recovered by the process of wage garnishment. Such letters are usually sent out 30 days prior to the start of this tax recovery process.
How to Stop an IRS Wage Garnishment
There are a few ways to stop an IRS wage garnishment:
- Appeal the IRS wage garnishment notice
- Negotiate an installment plan with the IRS
- Make an offer in compromise to the IRS
- Qualify for a financial hardship exemption
- File for bankruptcy
What is an Installment Plan?
If you are unable to pay your IRS debt all at once, you may negotiate an installment plan, which allows you to pay the balance over a period of time. You will need to make monthly payments until it is paid in full. If the IRS agrees with your proposed plan, then they will stop attempting to garnish your wages.
Don't feel like communicating with the IRS directly? At RJB Law Offices, our Santa Clarita wage garnishment attorneys can negotiate with the IRS for you. Reach out to us today to schedule a consultation free of charge.
Our Wage Garnishment Lawyers Can Negotiate With the IRS
When the Internal Revenue Service starts threatening you with wage garnishment and levies, our well-informed legal team has much expertise negotiating with them, persuading them to accept other forms of IRS tax resolution, such as installment payment plans and offers in compromise. We will also advocate on your behalf regarding any state tax matters such as those involving the Franchise Tax Board, the State Board of Equalization and the EDD.
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