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Wage Garnishment
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Wage Garnishment

A wage garnishment is the process of deducting money from an employee's monetary compensation (including salary) as a result of a court order.

In the United States, such payments are limited by federal law to 25 percent of the disposable income that the employee earns. Wage garnishments continue until the entire debt is paid or arrangements are made to pay off the debt. Garnishments of wages can be taken for any type of debt but common examples of debt that result in garnishments include:

When served on an employer, garnishments are taken as part of the payroll process. When processing payroll, sometimes there is not enough money in the employee's net pay to satisfy all of the wage garnishments. In such a case, the correct order to take a garnishment must be satisfied. For example, in a case with federal tax, local tax, and credit card garnishments, the first garnishment taken would be the federal tax garnishments, then the local tax garnishments, and finally, garnishments for the credit card. Employers receive a notice telling them to withhold a certain amount of their employee's wages for payment and cannot refuse to garnish wages.

Wage garnishment can negatively affect credit, reputation, and the ability to receive a loan or open a bank account.

At present four U.S. states - North Carolina , Pennsylvania , South Carolina and Texas - do not allow wage garnishment at all except for debts related to taxes, child support, federally guaranteed student loans, and court-ordered fines or restitution for a crime the debtor committed. Several other states observe maximum thresholds that are lower than the 25 percent maximum provided by federal law. States may also prohibit garnishment altogether in certain circumstances. For example, in Florida the wages of a person who provides more than half the support for a child or other dependent are exempt from garnishment altogether (though this exemption is subject to waiver ). Loans and negotiations with creditors can also help debtors to avoid wage garnishment.

IRS Rule for Garnishment of Wages

There are only a few requirements that must be met before the IRS starts a wage garnishment:

The IRS can serve the Final Notice in person, leave it at the taxpayer's home or usual place of business, or send it to the last known address by certified or registered mail. It is important to note that the IRS is only required to send the Final Notice to the last address known to it. The taxpayer does not need to actually receive the notice for it to be effective. Many taxpayers never actually receive the final notice. Those taxpayers may not realize they are in danger of receiving a levy until their wages are actually garnished. Can not take more than 2% of the person's wages.

Act Fast: When you know your money is on the line, you have to act fast! The IRS won't give up without a fight, but now you're armed with the knowledge you need to quickly fight back and save your money.

Wage Garnishment is a tool used by the "enforced collections" department to collect back taxes owed. Both the IRS and State Taxing agencies use the method. An IRS Wage Garnishment is a "continuous" withdrawal of funds from your employer. Your employer is instructed to hold or a freeze these funds then they send the funds to the IRS.

Wage garnishment can be released - but only under certain circumstances. We can help you. Fill out the form above to stop wage garnishment. YOU SHOULD NOT WAIT! ACT NOW!

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