ArtsAutosBooksBusinessEducationEntertainmentFamilyFashionFoodGamesGenderHealthHolidaysHomeHubPagesPersonal FinancePetsPoliticsReligionSportsTechnologyTravel

How to Stop Wage Garnishments?

Updated on November 3, 2014

Sidestep Financial Ruin

Source

How To stop wage garnishments

Of the many issues – some complicated, some simple – related to taxes, wage garnishments are perhaps the most frustrating. Who likes the idea of having money taking out of their paycheck without their permission? No one – but of course, the government has the authority to do that if taxes are owed.

Wage garnishments sound like something that would be highly illegal, but such a procedure is within the law as established by the federal government in the United States. Fortunately, there are ways to get out from under these garnishments. This article will discuss how to stop wage garnishments and keep the money in your bank account.


What Do You Say?

Have you had your wages garnished?

See results

What Does It Mean to Stop Wage Garnishments?

To garnish something is to withhold it to pay off a debt. So, wage garnishments basically mean that money is being withheld from someone’s paycheck because they owe a debt to a third party – in many cases, this is the government. The Federal and State Government both have the power to garnish wages in the event that someone does not pay the full amount of taxes that they are owed – either for income tax, property tax, or any other kind of tax. It can also be done through a court for other debts, such as child support payments.


A wage garnishment is filed with the Internal Revenue Service (IRS) and the employer of the employee in question. The money owed is then taken out of the employee’s paycheck, usually over a fixed period of time. That means your money is gone before you even see it. In the U.S., this amount is limited to one-fourth (25%) of an employee’s disposable income.

This process continues under the debt is repaid.



Source

How to Stop Wage Garnishments: Getting Free

As with any tax-related complication or issue, it is important that a person find qualified legal assistance with a tax attorney. A tax attorney can help you with any tax-related issue, especially in sometimes-difficult negotiations with federal and state agencies like the IRS and state revenue services. There are plenty of attorneys that are experienced with dealing with wage garnishments, since they are a common type of levy put on someone’s property and wages by the IRS.

The first way to get rid of a wage garnishment is to pay off the debt. You can either pay it in full if you are just behind on your taxes, or you can negotiate with the IRS for a lower amount. Negotiating is completely dependent on whether or not you can show that you lack the income or the assets to pay for the full amount. Therefore, you submit an offer in compromise, which states that you will pay a lower total amount spread out over a certain period of time, plus interest, in exchange for the wage garnishment to be lifted. This often will mean that you owe a lower amount per month than you would normally – which helps out a lot.

You can also lift a wage garnishment if you can prove that it is unfair. This is usually either because a person didn't earn as much as the IRS claims, or owes less taxes than the IRS claims. A lawyer can help you file a motion to quash (dismiss) the wage garnishment, and if the case is convincing, a federal judge can order the garnishment to be lifted.

Of course, if you are lucky enough to live in Texas, North Carolina, South Carolina, or Pennsylvania, you cannot have your wages garnished (unless you owe child support, court-ordered fines, or student loans).

Finally, a last avenue is if the IRS improperly pursued the wage garnishment. They are required to send you a Notice and Demand for Payment (written), and then a Final Notice of Intent to Levy and Notice of Your Right to A Hearing no later than a month before the garnishment is applied. If they do not follow these steps, the garnishment is null and void.

Know Your Rights - and Your Responsibilities

For When He Wants YOU

Source

Comments

    0 of 8192 characters used
    Post Comment

    • shai77 profile imageAUTHOR

      Chen 

      7 years ago

      Yes. An independent contractors is also subject to garnishment under the same laws as those who are employed by a company/business

    • SJKSJK profile image

      SJKSJK 

      7 years ago from delray beach, florida

      If the only job you have is as an independent contractor, can your pay still be garnisned?

    working

    This website uses cookies

    As a user in the EEA, your approval is needed on a few things. To provide a better website experience, hubpages.com uses cookies (and other similar technologies) and may collect, process, and share personal data. Please choose which areas of our service you consent to our doing so.

    For more information on managing or withdrawing consents and how we handle data, visit our Privacy Policy at: https://hubpages.com/privacy-policy#gdpr

    Show Details
    Necessary
    HubPages Device IDThis is used to identify particular browsers or devices when the access the service, and is used for security reasons.
    LoginThis is necessary to sign in to the HubPages Service.
    Google RecaptchaThis is used to prevent bots and spam. (Privacy Policy)
    AkismetThis is used to detect comment spam. (Privacy Policy)
    HubPages Google AnalyticsThis is used to provide data on traffic to our website, all personally identifyable data is anonymized. (Privacy Policy)
    HubPages Traffic PixelThis is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized.
    Amazon Web ServicesThis is a cloud services platform that we used to host our service. (Privacy Policy)
    CloudflareThis is a cloud CDN service that we use to efficiently deliver files required for our service to operate such as javascript, cascading style sheets, images, and videos. (Privacy Policy)
    Google Hosted LibrariesJavascript software libraries such as jQuery are loaded at endpoints on the googleapis.com or gstatic.com domains, for performance and efficiency reasons. (Privacy Policy)
    Features
    Google Custom SearchThis is feature allows you to search the site. (Privacy Policy)
    Google MapsSome articles have Google Maps embedded in them. (Privacy Policy)
    Google ChartsThis is used to display charts and graphs on articles and the author center. (Privacy Policy)
    Google AdSense Host APIThis service allows you to sign up for or associate a Google AdSense account with HubPages, so that you can earn money from ads on your articles. No data is shared unless you engage with this feature. (Privacy Policy)
    Google YouTubeSome articles have YouTube videos embedded in them. (Privacy Policy)
    VimeoSome articles have Vimeo videos embedded in them. (Privacy Policy)
    PaypalThis is used for a registered author who enrolls in the HubPages Earnings program and requests to be paid via PayPal. No data is shared with Paypal unless you engage with this feature. (Privacy Policy)
    Facebook LoginYou can use this to streamline signing up for, or signing in to your Hubpages account. No data is shared with Facebook unless you engage with this feature. (Privacy Policy)
    MavenThis supports the Maven widget and search functionality. (Privacy Policy)
    Marketing
    Google AdSenseThis is an ad network. (Privacy Policy)
    Google DoubleClickGoogle provides ad serving technology and runs an ad network. (Privacy Policy)
    Index ExchangeThis is an ad network. (Privacy Policy)
    SovrnThis is an ad network. (Privacy Policy)
    Facebook AdsThis is an ad network. (Privacy Policy)
    Amazon Unified Ad MarketplaceThis is an ad network. (Privacy Policy)
    AppNexusThis is an ad network. (Privacy Policy)
    OpenxThis is an ad network. (Privacy Policy)
    Rubicon ProjectThis is an ad network. (Privacy Policy)
    TripleLiftThis is an ad network. (Privacy Policy)
    Say MediaWe partner with Say Media to deliver ad campaigns on our sites. (Privacy Policy)
    Remarketing PixelsWe may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites.
    Conversion Tracking PixelsWe may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service.
    Statistics
    Author Google AnalyticsThis is used to provide traffic data and reports to the authors of articles on the HubPages Service. (Privacy Policy)
    ComscoreComScore is a media measurement and analytics company providing marketing data and analytics to enterprises, media and advertising agencies, and publishers. Non-consent will result in ComScore only processing obfuscated personal data. (Privacy Policy)
    Amazon Tracking PixelSome articles display amazon products as part of the Amazon Affiliate program, this pixel provides traffic statistics for those products (Privacy Policy)