Need an Attorney
for Garnishment
of Wages?
Get Help Stopping
IRS Wage Garnishment.
Facing an IRS wage garnishment or tax levy? Learn how a federal tax attorney may help you understand your options, protect your income, and work toward resolving your IRS tax debt.
What You Need to Know About Garnishment of Wages
Wage garnishment may cause financial strain in the short run. It can be very hard to cover your daily expenses, meet your bills and take care of your family when a part of your salary is stolen before you even get it. When your wages are being garnished due to unpaid taxes, you will be feeling overwhelmed and not knowing what to do next.
The question that many people ask is, do I require an attorney to garnish wages? It all depends on your case, but in the case of wage garnishment where the IRS tax debt is involved, the difference between an experienced tax professional who understands the law of taxes, IRS procedures and legal representation can be a big difference.
An enrolled agent who deals with tax-related issues and offers authorized IRS representation can be a qualified tax representative who can assist you in knowing your rights, communicating with the IRS, and finding ways of stopping or lessening wage garnishment. Professional advice in most instances can assist the taxpayers to save themselves the expensive errors and identify a feasible route to solving their tax problem.
What Is Wage Garnishment?
Wage garnishment is a legal procedure that enables a creditor or government agency to take money out of your paycheck. Your employer withholds a part of your regular wages and remits it to a debt instead of paying you all the wages.
In the case of tax matters, wage garnishment is often known as an IRS wage levy. The IRS, unlike most other private creditors, has extensive collection powers and can garnish wages after giving the necessary notice. The wage levies imposed by IRS may be maintained until the payment of the tax debt or the release of the levy. (IRS)
A wage garnishment may occur due to:
- Federal income taxes not paid.
- Unfiled tax returns
- Penalties and interest accrued.
- Neglected IRS collection notices.
- Failed payment arrangements
- Conflicts over tax payments.
When a wage garnishment is initiated, it may cause a major impact on your financial stability, and therefore it is important to take action.
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Should You Hire an Attorney for Wage Garnishment?
When your wages are being garnished due to a tax debt, it is usually a good idea to seek professional assistance. The question that many taxpayers have, however, is whether they require an attorney in particular or if they can be represented by another qualified tax professional.
In the case of IRS wage garnishment, an enrolled tax agent having IRS representation rights may frequently be of help to the taxpayers in direct communication with the IRS, examination of tax records, and negotiation of tax resolution options.
A tax attorney who knows the tax laws and the IRS collection process can assist you:
- Review the issuance of the garnishment.
- Determine legal options.
- Ask to have the wage levy released.
- Negotiate payment solutions
- Make IRS communications on your behalf.
- Protect your taxpayer rights
The trick is to select a person who has experience in dealing with tax collection issues instead of trying to deal with complex IRS processes on your own.
What Can a Tax Attorney or Enrolled Tax Agent Do to prevent Wage Garnishment?
When you employ a skilled expert to assist in wage garnishment, he/she is able to assess your complete tax condition and decide on the most effective method.
Checking Your IRS Tax Debt.
A tax professional will consider significant information, such as:
- Total amount owed
- Tax years involved
- Previous IRS notices
- Payment history
- Current financial situation
- Properly filed returns.
The ability to see the whole picture will assist in identifying the resolution strategy that can be the most effective.
In some cases, taxpayers have found mistakes, old data, or overlooked opportunities that led to the garnishment.
Direct Communications with the IRS
The process of dealing with the IRS can be stressful in itself, not to mention that you may already be under financial strain. An authorized agent is able to liaise with the IRS agents on your behalf.
This can help by:
- Minimizing direct communication stress.
- Paperwork should be done properly.
- Being a professional in your financial situation.
- Avoiding missed deadlines
Representation may also be beneficial in making sure that your rights and options are adequately addressed in the course of the collection.
Seeking a Wage Garnishment Release
In certain situations, a wage levy may be released. The IRS might contemplate the release of a levy in case it causes great financial distress, was granted wrongly, or the existence of an alternative resolution. (IRS)
A tax representative may assist in preparing and filing a document that demonstrates why the garnishment ought to be lifted.
Some of the factors that can be considered include:
- Lack of finances to meet basic living costs.
- Serious financial hardship
- Incorrect tax information
- Active IRS negotiations.
- Developing a different payment option.
What Options Can Help Stop IRS Wage Garnishment?
Each tax case is unique, but there are a number of IRS resolution alternatives that can assist taxpayers in dealing with wage garnishment.
Installment Agreements
An installment agreement is an agreement by which taxpayers can pay their outstanding tax debt in form of scheduled monthly payments. Provided that it is approved, it could offer an alternative to violent collection measures.
A tax professional will be able to assist in determining your eligibility and help in preparing the necessary financial information.
Offer in Compromise
Offer in Compromise is a way to enable certain taxpayers to pay their tax debt less than the full amount due provided they satisfy certain IRS requirements.
Since the approval is based on financial conditions and IRS regulations, a professional help can enhance the accuracy of your application.
Currently Not Collectible Status
In case you are unable to pay your tax debt without financial hardship, you can have Currently Not Collectible status.
Although this does not cancel the tax debt, it can temporarily halt collection efforts as your financial circumstances are considered.
Collection Appeals
There are some rights that taxpayers can have to appeal against some IRS collection actions. A representative will be able to assist in finding out whether an appeal or hearing request can be applied to your case.
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Why Wage Garnishment Should Not be Ignored
Most individuals do not want to open IRS letters or seek assistance as they are stressed or ashamed of their tax status. Regrettably, the tendency to overlook the issue tends to keep the IRS collection process going.
The IRS urges taxpayers who are unable to pay their tax debt to act and seek resolution options available rather than wait until enforcement actions are taken. (IRS)
Failure to pay attention to wage garnishment may result in:
- Continued paycheck deductions
- Increasing fines and interest.
- Increased financial pressure
- Less resolution options.
The faster you can consult with a professional, the more chances you can have to fix the problem.
What to Expect When Seeking Professional Help for Wage Garnishment?
Selecting the appropriate professional is also critical since tax resolution needs an understanding of the IRS regulations, documentation needs, and negotiation tactics.
Find a person who:
Knows IRS Collection Procedures
Your representative must have experience in dealing with:
- IRS wage levies
- Tax settlements
- Payment agreements
- Tax debt negotiations
Has IRS Representation Authority
Not all tax preparers are able to represent the taxpayers before the IRS. An enrolled agent is someone who is federally authorized to represent taxpayers before the IRS on tax related issues.
Provides Personalized Solutions
Avoid one-size-fits-all approaches. The tax you pay is determined by your income, assets, liabilities and paying capacity.
An experienced expert will assess your situation and suggest feasible alternatives.
Why Professional Representation Matters for Wage Garnishment Cases
Cases of wage garnishment have been known to have hard deadlines, complicated IRS processes and thorough financial analysis. Attempting to go it alone may result in missed opportunities or failed negotiations.
An informed tax agent may be your advocate by:
- Explaining your rights
- Preparing required documents
- Negotiating with tax authorities.
- Finding appropriate resolution strategies
- Assistance in safeguarding your income.
In the case of taxpayers whose wages are garnished by the IRS, an expert would help them see the light and have a roadmap to follow.
Wage Garnishment? Need Help? Take Action Before It Gets Worse
Waiting is not normally a good idea when your paycheck is being cut due to tax debt. Proper guidance can assist you in knowing why the garnishment occurred, what choices you have and how you can possibly reclaim control over your finances.
An experienced tax practitioner that specializes in IRS issues and offers attorney-level advice can assist you in the process with ease. It could make a big difference to seek professional help at the earliest stage whether you require help negotiating with the IRS, seek a levy release or whether you want to explore the tax resolution options.
Your salary is your means to take care of yourself and your family. In case they are being garnished, ask someone with experience to see what you can do and strive to find a solution.
Don’t Let an IRS Wage Garnishment Take Control of Your Finances.
Contact us today for a free consultation and let us help you resolve your tax problems.