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Valencia Wage Garnishment Lawyer

Are You In Jeopardy Of Your Wages Being Garnished?

Wage garnishment occurs when money is taken directly out of your paycheck by the entity that you owe it to before you receive the check. Wage garnishments are done when you owe a creditor or the government money that you could not or would not pay on your own volition. The creditor will get a judgment against you from the court which gives it permission to remove money from your check. Wages may be garnished for debts owed to creditors, failure to pay student loans, or because of unpaid taxes. The government does not need a judgment by the court to garnish your wages.

Maximum Amount Creditors Can Garnish

There is a limit to the amount of money that can be garnished from your paycheck. A wage garnishment must be no more that 25% of your disposable income. It is not uncommon for employers to hold back a larger percentage of your earned income than the 25% allowable by law.

What Is the Maximum Amount the IRS Can Garnish From Your Paycheck?

For tax debts, the amount the IRS can garnish depends on the amount of money owed, marital status, and how many dependents you have based on the taxable year. If you do not verify your standard deductions and your dependents, the IRS will base your amount exempt from the garnishment on the standard deduction for a married person filing separately, with 1 exemption. When a California court orders a garnishment, for unpaid taxes, up to 25% of net wages may be garnished.

It is mandatory for the IRS to send you a notice stating that the back taxes you owe will be recovered by the process of wage garnishment. Such letters are usually sent out 30 days prior to the start of this tax recovery process.

When the Internal Revenue Service starts threatening you with wage garnishment and levies, our well-informed legal team has much expertise negotiating with them, persuading them to accept other forms of IRS tax resolution, such as installment payment plans and offers in compromise. We will also advocate on your behalf regarding any state tax matters such as those involving the Franchise Tax Board, the State Board of Equalization and the EDD.

If you need help with a wage garnishment matter, contact our firm today.

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