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IRS Wage Garnishment Laws: Know Your Rights

IRS Wage Garnishment Laws: Know Your Rights

By on Jan 8, 2018 in employers, IRS, wage garnishment | 0 comments

If you find yourself owing money to the Internal Revenue Service (IRS) then you may be familiar with wage garnishment. As a way to satisfy taxpayer’s debt, the IRS seizes employment wages earned. Employers are usually contacted when employees are being penalized with wage garnishment. This is a very serious consequence, especially if you’re not making a lot of money to begin with. It’s important to know how to take preventive measures to make certain that your wages are protected.   Wage Garnishment and What to Expect Wage garnishment is usually one of the last resorts the IRS takes after many attempts of sending out notices that are unanswered by the debtor. The employer is informed and is obligated by law to send a portion of the employee’s paycheck to the IRS. According to the IRS website, the debtor may either pay the amount owed, arrange a payment plan, or in some cases may have a levy released.   Procedures and Rules for Employers Before wage garnishment is enforced, the IRS sends out a Notice and Demand for Payment to the employee where the employee is given a period to reply back. If there is no response, a second attempt is followed with a Final Notice of Intent to Levy and Notice of Your Right to a Hearing. The employee must respond within 30 days before wage garnishing ensues. If there is no follow-up after these attempts, the employer must get involved. A form called the Form 668-W, the Notice of Levy on Wages, Salary and other Income, states that the employer is given one full pay period after receiving the letter before they’re required to deduct an employee’s salary. The first and most important action employers must take after receiving this notice is to advise the employee to contact the IRS immediately to discuss a repayment plan.   Fight Against Wage Garnishment There are a few ways to fight against wage garnishment. Request for a Collection Due Process Hearing (CDP) with the Office of Appeals. At the hearing, the officer reviews the case and the employee is given multiple options to determine how levy may be reduced or even lifted. If employee disagrees with officer’s decision, they may...

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