Facts about Wage Garnishment
Wage garnishment is the process of taking (garnishing) a portion of your paycheck to pay a debt. Garnishment is a legal proceeding, wherein the court allows or orders the confiscation of a debtor's personal property to pay for his or her liabilities. Wage garnishment is imposed only when the person is indebted to creditor that he is not capable of paying or willingly do not want to pay. After a creditor sues you, it often has the option to recover the debt you owe by using the resulting court judgment to request a writ of garnishment.
Types of Wage Garnishment
Wage Garnishment can be accessible in various kinds. Some of these types are depicted as under:
- IRS Wage Garnishment
The amount one wages that are subject to IRS wage garnishing depends on various factors which include the amount owed, your marital status, and the total number of dependents behind you.
- Limited Wage Garnishment
The total sum of your paycheck is not taken by wage garnishment. Certain limits are made on the amount of money for garnishment. Moreover, these limits rely on the type of entity who is allowed to the garnished wages and the laws of the state exist in. However, these limits are mainly planned to make sure that garnishment do not make any unnecessary financial problems.
- Garnishment Due to a Court Judgment
No notices are given in this type of garnishment, as it is usually ordered as part of the original hearing and the court judgment. Only the hearing and the judgment order would be regarded as notice.
Procedure to Avoid IRS Wage Garnishment
The IRS becomes extremely forceful and stringent at the time of collecting taxes. IRS enforces numerous methods to collect back taxes from people that are severe. Wage garnishment is considered as one of the methods from it. No need to become anxious. There are companies that will help you out for the procedure to evade IRS Wage Garnishment. Follow the process stated below:
- Propose and negotiate with IRS for an installment payment plan. They will mostly do it with your earnings. If it is not sufficient or you are not capable of that then they go for the property you possess and your paycheck.
- The best way to avoid garnished wages is to consult a irs tax relief attorney immediately after receiving notices. These attorneys are well versed and are skilled who get you out successfully.
- In case you?re financial condition is not so good than the tax attorney will advise you to consult a bankruptcy lawyer.
- Moreover, you cannot overcome from tax debt totally, by declaring yourself bankrupt. It will only free some garnishment. In addition it?s essential to become eligible for bankruptcy under Chapter 7 and 13.
- Garnishment is a serious legal matter. You must ask the help of a legitimate credit counseling agency once it happens.
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