Wage Garnishment

Wage Garnishment

Protect your income & take control of your tax liabilities

If you have unresolved liabilities with the IRS, they can start reaching into your paycheck. When your employer receives notification from the IRS that they will be garnishing your wages, your employer has the legal obligation to transfer a percentage of your earnings directly to the government. This process will continue until the liabilities you owe the IRS has been paid in full.

At Damiens Law Firm, PLLC, we understand that money being pulled from your paycheck can make life really hard. You might not have enough money to buy life essentials or pay the bills. Our Mississippi wage garnishment attorney is here to help you put a stop to the IRS taking your income. When you come in for your free consultation, our legal team can evaluate your case for economic hardship or other factors that can enable us to negotiate for the release of the levy against your paycheck.

Wage garnishment 101

The IRS is often more feared than most creditors out there. The reason for this is that they have more power. While most creditors will need first to obtain an order from the court to garnish a taxpayer’s wages, the IRS can proceed with taking your income without a court judgment. Regular creditors also have limits on how much they can take from a person’s wages. These standard limits do not apply to the IRS.

The IRS is legally permitted to take as much of your income as they desire, so long as they leave you with enough to pay for basic living necessities for yourself and your family. Depending on your tax debt, the IRS could garnish 70 percent or more of your wages.

Are garnishments taken out before or after taxes?

Ordinary garnishments are taken out from your net income, which is after required deductions like Social Security and state and federal taxes. In contrast, garnishments on non-tax debts, like student loans and federal liabilities, are taken from your gross income. Both child and spousal support are both taken from your gross income as well.

Can your wages be garnished without notice?

The simple answer is no. In order to have your wages garnished, first your creditors must sue you. If you lose the lawsuit, then a copy of the court order will be sent to your employer. Your employer must then notify you of the garnishment and withhold a portion of your wages to send to your creditor.

How to stop wage garnishment

Fortunately, there are a few different ways to manage your problems with the IRS and avoid or put a stop to the garnishment of your wages. The easiest way to do this is by paying your balance in full. When this is not possible, there are a few remaining options.

Standard resolutions for wage garnishment issues include:

• Entering into an installment agreement with the IRS to fully pay back your tax liabilities through a monthly repayment plan
• Making an offer in compromise to settle your liabilities for less than what you actually owe
• Proving to the IRS that their collection of your income puts you in dire financial circumstances that prevent you from being able to pay for basic needs

Others have found benefit in using some more temporary solutions, such as changing employers, temporarily quitting a job, or filing for bankruptcy.

Get your FREE consultation now

Damiens Law Firm, PLLC is here to help you evaluate your legal options and find a solution that can alleviate the pain of wage garnishment.