Frequenlty Asked Questions
About Wage Garnishments
A Wage Garnishment is Court Order that is obtained by a creditor allowing that creditor to serve your employer with an Order requiring your employer to deduct 25% from your net pay. This occurs with notice directly to your employer, and not to you.
You can modify a wage garnishment to a lower amount but it requires the filing of paperwork in court and attending a court hearing to prove the garnishment amount is causing an undue hardship. Only the filing of a bankruptcy either Chapter 7 or Chapter 13 will stop a wage garnishment immediately.
Only one creditor can garnish your pay at one time, but they are able to stack up one after the other directly with your employer. Once a creditor has been satisfied, the next creditor can then begin to garnish your wages.
The IRS has special enforcement powers that allow it to garnish your wages, execute on your bank account and attach a lien to your property for any outstanding tax debt. The IRS does not need to obtain court permission to take any of these special enforcement actions. Most taxpayers will receive a 30-day Notice of Intent to Levy prior to any of these special enforcement actions. You can stop an IRS garnishment, attachment and levy by filing a bankruptcy case.