Understanding Wage Garnishment
Wage garnishment is a legal procedure in which a portion of your earnings is withheld by an employer to pay off a debt as ordered by a court. This can be especially stressful when the IRS initiates the garnishment for unpaid taxes. Fortunately, there are ways to stop or reduce this action swiftly.
Actionable Steps to Stop a Wage Garnishment
1. Communicate with the IRS
Your first step should be to contact the IRS immediately. Open communication can sometimes prevent further action. By addressing the issue head-on, you demonstrate your willingness to cooperate.
2. Set Up an Installment Agreement
Under IRS Code Section 6159, you may qualify for an installment agreement. This arrangement allows you to pay off your debt over time in smaller, more manageable amounts. To begin the process, complete and submit Form 9465, Installment Agreement Request. If the IRS accepts your proposal, they will cease wage garnishment.
3. Apply for Currently Not Collectible (CNC) Status
If you're experiencing extreme financial hardship, you might qualify for Currently Not Collectible status. Under this provision, the IRS temporarily halts any collection activities. It's important to note that this does not eliminate the debt, but it does provide temporary relief.
4. Propose an Offer in Compromise
According to IRS Code Section 7122, if you can prove that the amount owed is more than your ability to repay, you may submit an Offer in Compromise. This allows you to settle your tax debt for less than the full amount owed. To apply, use Form 656, Offer in Compromise.
5. Appeal the Garnishment
If you believe the wage garnishment is unjust, consider filing an appeal. Per IRS guidelines, you have the right to request a Collection Due Process hearing. This must be done within 30 days of the garnishment notice. Use Form 12153 to begin an appeal.
Legal Considerations
It's important to understand that while federal law governs wage garnishment, state laws may offer additional protection. Consulting with a tax attorney can provide further insight and customize your approach.
Preventing Future Garnishments
To guard against future garnishments, stay proactive about tax compliance. File returns on time, pay taxes due, and if necessary, work with a tax professional to resolve outstanding issues.
Conclusion
Dealing with wage garnishment can be overwhelming, but swift action and informed decision-making can alleviate the burden. By following these steps, you can stop or reduce a garnishment and find a pathway to financial stability.
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