• August 29, 2016
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Wage garnishments occur when you have an outstanding tax debt owed to the IRS and any other means of collecting the debt have not been achieved.  Your employer receives a written notice from the IRS requesting a portion of your wages to satisfy your outstanding tax bill.  By law, your employer must obey this request.  There are ways to avoid and stop wage garnishments. If you receive a notice that you owe taxes, take action immediately.


Of course, the most sensible way to avoid wage garnishments is to file your taxes on time and pay the taxes you owe.  However, that is not always feasible when you cannot afford to pay them or face a financial hardship.

When filing your taxes, if you can pay part of what you owe, you may be able to set up a payment plan with the IRS for the remaining balance.  You may also be able to settle your tax debt for less than the full amount owed. This is known as an Offer in Compromise and you must meet certain criteria to qualify. Your ability to pay, income, expenses, and asset equity are all considered and must meet the IRS standards to qualify. Not everyone is eligible for an Offer in Compromise. You can use the Offer in Compromise Pre-Qualifier Tool to see if you qualify.  As noted, this tool should only be used as a guide and never a final answer. A booklet is then sent to you containing forms that need to be filled out as a Preliminary Proposal.  IRS forms and codes are very confusing.  A professional tax attorney who is familiar with and understands the IRS and their methods of dealing with an Offer in Compromise is your best bet.

If you need more time to file your taxes, you can request an extension from the IRS.  If granted, this will extend your filing time by six months which will give you more time to save money to pay your taxes.  There are several options for making tax payments on the IRS website.  That being said, it is never a good idea to attempt a negotiation with the IRS on your own. Request the help of a professional tax attorney.  The attorney will handle all correspondence and communication with the IRS while protecting your wages.

If you are unable to pay any amount of your tax debt, there is another method. You can also avoid wage garnishment by requesting a temporary delay of the collection process.  This does not erase the debt.  It only means the IRS has reached the determination that you cannot afford to pay at this time.  You may be asked to file a Collection Information Statement as well as submit proof of your financial status.  If this temporary delay is granted, you will still incur penalties and interest on the amount of taxes you owe.  Also, the IRS may file a Notice of Federal Tax Lien to protect the government’s interest in your assets.

The Best Course of Action

There are other options such as filing an appeal or filing bankruptcy, neither of which should be individually filed.  The absolute best option is to hire a wage garnishment professional tax attorney.  A tax attorney with in-depth knowledge of the IRS, laws, codes, and wage garnishments can analyze your financial and tax situation and advise the best route for you to take to resolve your tax problem. Professional tax attorneys may use a combination of strategies to stop the wage garnishment depending on each individual’s situation.

Wage garnishment is not to be taken lightly.  The majority of people cannot afford to lose any of their wages. Thus, time is of the essence.  If you receive a notice of intent that the IRS is going to garnish your wages, take prompt action and contact a reputable, professional tax attorney who can guide you through this situation and reach an amicable resolution between you and the IRS.

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What Our Clients Have to Say

Susan WilsonSusan Wilson
03:27 25 Jan 23
I have been very pleased with the solid counsel and guidance that Nick Nemeth has provided me regarding my tax issue. I found him to be honest and straightforward which I appreciated. I was impressed with his relevant experience and knowledge . He has definitely brought me peace of mind during a difficult and stressful time.
Sarah HowardSarah Howard
03:44 14 Nov 22
I would like to thank Mr. Nick and his staff for the superb help that I received from them. My IRS problem was resolved quickly and efficiently. It took 2 visits to convince me that I was over my head. I thought that I could call the IRS, appeal my tax notices and settle on a payment plan on my own. After many phone calls to the IRS, waiting sometimes more than 4 hours with no resolution to speak of, it proved to be extremely difficult and stressful. Revisiting Mr. Nick was a huge wake up call. My account was reviewed, and a payment plan was established with the IRS within a week. I will be forever grateful to the staff who worked on my case and especially to Lorna who listened to me vent while going through this painful process.
00:33 07 Aug 22
I cannot say enough good things about Nick and his team. When I first met with Nick he was up front, honest, friendly and efficient. When I worked with one of his attorneys, Eric B, I was just as pleased. All of the staff there are nice and very helpful. I wish I hadn't waited so long to get help with my issue. Over 6yrs I tried getting through and getting anywhere with the IRS and hardly made any progress. I know this may not be the case for all, and even I thought it would take longer than it did, but 3mos and they had my situation straightened out. I still can't believe it. Thank you thank you THANK YOU for all that you did for me. This is a huge burden gone out of my life now thanks to you. If anyone needs help out there, I know you may not want to shell out more money to get their help but it may just save you in the long run.
Spoilly GirlSpoilly Girl
23:49 03 Aug 22
The Nemeth Law team is exceptional. They treat their clients like a family member who is in crisis. They want you to get the best possible outcome. I really appreciate everything that they did for me. Jake and Ashley had the greatest role in my case and it all turned out for the best for me. Thank you Nick and team for easing my fears and getting me through the long process. I'm truly grateful.
Eddie WaltEddie Walt
19:44 12 Jul 22
During a time in which competent, professional service at a fair price seems to have disappeared, Mr. Nemeth and his team are a refreshing breath of fresh air.From my first phone call to the final settlement of our case with a non-responsive IRS, they under-promised, over-delivered and were in constant courteous contact to make sure we knew exactly what was happening and where we stood.I hope to never need their services again, but, should I receive another friendly letter from the IRS...I know who to call!
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