Wage Garnishments | San Diego Tax Attorney | Spaulding Legal
The Internal Revenue Service (IRS) is a highly powerful creditor. In fact, the IRS is commonly regarded as the most powerful creditor in the United States. It can garnish wages, levy bank accounts, and seize property without a court order or judgment. If you owe the IRS money, it is a good idea to deal with them first because you have less time to protect your money and other property. If you want funds released, after recent wage garnishment or levy, then you need to act fast (in many cases within 10-21 days).
AVOID GARNISHMENTS AND LEVIES
Knowing where you are in the collection process is vital to avoiding an untimely levy or garnishment. Most tax debts end up at the IRS Automated Collection System (ACS). Typically, you will receive four preliminary collection notices (CP501-504) before getting a Final Notice of Intent to Levy (LT11, CP91, 1058). The final notice is the most important collection notice because after 30 days the IRS can initiate its full collection powers (levies, garnishments, seizures, etc.). By understanding exactly where you are in the collection process, Spaulding Legal, APC can provide a customized strategy to help avoid enforced collections while working to resolve your tax issue. Additionally, we will ensure you understand your rights as a taxpayer so you can make an informed decision on how to proceed.
RELEASING A BANK LEVY
If you recently received notification that the IRS has levied one or more of your bank accounts and you need that money to pay for reasonable and necessary living expenses (housing, food, transportation, etc.), then you need to act quickly, or that money may be lost forever. Generally speaking, a bank is required to hold the levied money for 21 days before remitting it to the IRS. Therefore, acting quickly is your only chance at getting that money back. At Spaulding Legal, APC we analyze and develop a strategy to advocate for a levy release whenever possible. If so, we have the flexibility to act immediately – giving you the best chance of getting the levy released on time.
RELEASING A WAGE GARNISHMENT
A wage garnishment from the IRS can significantly reduce the amount of money you bring home. IRS wage garnishments are not restricted by state collection laws, which typically limit wage garnishments to 25%. Consequently, you may only be left with a few hundred dollars each month. There are a few ways to advocate for a wage garnishment release. If you have all tax returns on file, then you may be able to get the garnishment released with a payment plan or a properly filed offer in compromise packet. Alternatively, you would need to prove a hardship to the IRS to get the garnishment released. At Spaulding Legal, APC we analyze and develop a strategy to release your IRS wage garnishment whenever possible. Additionally, unlike many firms, we have the flexibility to act immediately – giving you the best chance of getting the garnishment promptly released.
