WAGING GUERRILLA WARFARE FOR YOU.
STOPPING OR REMOVING LEVIES AND WAGE GARNISHMENT
Next to criminal prosecution, the most damaging thing which the IRS can do, is to garnish a person’s paycheck (getting most of the paycheck for IRS) or to levy on a bank account, a brokerage account, or possibly a retirement account.
Before the IRS can seize a taxpayer’s property or paycheck, it is required by law to send various notices. The final notice advises the taxpayer of his right to challenge the IRS at a so-called Collection Due Process hearing.
However, the law only requires that IRS notify the taxpayer at the address which IRS has on file. If the taxpayer has moved, his first notice may be when he discovers that his wages are garnished or his bank account or stock brokerage account has been levied.
If the IRS has its way, it will take virtually all of a taxpayer’s income, leaving him with $1000 a month to pay living expenses, rent, food, gas, utilities etc. The IRS does not care. They are the meanest bill collector with no regard for people. The Weinberg Law Firm represents each client who comes in prior to having wages garnished so as to insure that garnishments does not occur.
On occasion, clients have come to us after their wages have been garnished. Once Garnishment occurs, short of quitting your employer or billing clients through a new business, neither of which are realistic, there are two (2) proven ways of terminating an IRS wage garnishment without paying IRS in full.
A garnishment must stop upon the taxpayer’s filing of any Bankruptcy
and advising IRS’s Bankruptcy unit of this filling. If any money is taken by IRS within 90 days of filing the bankruptcy, that money must be returned.
Apart from Bankruptcy, the IRS is required to terminate its garnishment if the taxpayer submits an Offer in Compromise or request for Installment Agreement which the IRS accepts for processing. This can take two to three weeks after the proposed Offer in Compromise or Installment Agreement has been submitted. Aside from properly preparing an Offer or Installment Agreement so as to comply with IRS procedures, it is necessary to establish that the taxpayer has filed all necessary returns. Otherwise, the taxpayer is not entitled to seek relief from IRS as a matter of established IRS policy.
If your wages are garnished, you need an experienced attorney. The Weinberg Law firm is ready to help.
FREE 30-minute confidential consultation.