How to Defend Against Wage Garnishments

Wage garnishment is a type of IRS tax levy and is a means of collection by the IRS against a taxpayer who owes taxes, penalties or interest to the IRS. A levy is the IRS’s right to seize your property. So when the IRS garnishes your wages, it means that they have the right to take a percentage of your income directly out of your paycheck. Unfortunately, the IRS’s right to impose a levy against your wages is continuous and will continue until your debt is paid, or when you make other arrangements to pay your debt, or until the levy is released.

At Weisberg Kainen Mark, PL, we regularly help our clients fight back against IRS levies and want to work with you to find the best solution possible. In the meantime, we’re here to discuss some options available to you for how you can fight back against wage garnishment.

1.   Enter into a payment plan

One of the easiest and most effective options available to stop wage garnishment is to enter into a payment plan with the IRS. Referred to as “installment plans,” this is a great way to remove any levies imposed on you and work towards settling your debt. As with any issue with the IRS, it’s a really good idea to work with an experienced tax attorney who can help you select and apply for the plan that best fits your situation.

2.   Request a hearing

If you have received a final “intent to levy” notice from the IRS, then you have 30 days to request what is known as a Collection Due Process (CDP) hearing. CDP hearings are conducted by an internal group within the IRS who review your case. A benefit of this is that collection proceedings are halted until the hearing process is complete. If you choose to go this route, then it’s important to consult with a reliable tax attorney who can represent you at the hearing and give you the best chance at a positive outcome in your case.

3.   Prove financial hardship

If you haven’t set up a payment plan or initiated the CDP hearing process, then the IRS will move forward with wage garnishment. One way you can fight back is by proving the levy will cause you immediate financial hardship. It requires showing that the levy will prevent you from meeting your most basic living expenses. If you can show this, then the IRS will halt all wage garnishment and release the levy. Again, it’s important to work with a tax professional because the IRS requires a lot of information for this one.

4.   The Innocent Spouse

Another way to fight back against wage garnishment is if you have filed a joint tax return with your spouse and you believe that you are not responsible for the debt that has triggered the levy. As with the other ways to remove a levy, you should work with a tax attorney who can help you determine whether you are a good candidate for Innocent Spouse Relief and work with you on getting your levy removed.

5.   Offer in Compromise

An offer in compromise is an alternative way of removing the IRS levy and stopping wage garnishment. It’s a fancy way of saying that you have settled your tax debts with the IRS for less than you owe. Applying for and getting an offer in compromise is complicated, so work with a tax professional to give yourself the best shot at success.

Contact Weisberg Kainen Mark, PL today

Dealing with the IRS is complicated and can be overwhelming, particularly when your hard-earned money is at stake. That’s why working with a tax attorney is your best shot at fighting back against an IRS levy. At Weisberg Kainen Mark, PL, we understand how difficult this time is for you and want to help make the process as painless as possible. If you have received a levy notice from the IRS or are currently having your wages garnished, please contact us to speak with a member of our experienced team today!

Written by Weisberg Kainen Mark, PL

Weisberg Kainen Mark, PL

Weisberg Kainen Mark, PL is a Miami-based law firm focused on providing comprehensive legal support to individuals and corporate entities caught up in tax controversies or charged with a criminal act. As experienced trial lawyers with a passion for justice, our firm provides clients with compelling advocacy, attorney availability, and creative solutions to your tax or criminal law matters.