Wage Garnishment

It can be stressful when your employer reduces your paycheck because of unpaid taxes. Losing a portion of your wages every pay period makes it difficult to keep up with housing, utilities, and daily expenses. A wage garnishment attorney can evaluate the notices you received, determine whether the IRS followed the proper procedures, and take steps to protect your income.

At Whiteford Tax Defense, we focus entirely on tax law. When you are facing wage collection as part of an IRS collections matter, you need a tax attorney who understands IRS enforcement procedures and how to devise practical strategies to stop the collection pressure.

What wage garnishment is

Wage garnishment is a legal process where part of your paycheck is taken to pay a debt. Most creditors must go to court, get a judgment, and then obtain a court order before they can garnish your wages. The employer then withholds a set portion of earnings and sends it to the creditor, reducing take-home pay and making it harder to cover everyday expenses.

How IRS wage garnishment differs from other creditors

Tax cases work differently from a typical court-ordered garnishment. The IRS can collect unpaid taxes through a wage levy, which allows it to take money directly from your paycheck after providing certain required notices, and unlike most creditors, the IRS does not need a court order. That gives the agency broad power to act quickly if you do not respond.

To garnish your wages, the IRS first sends a Final Notice of Intent to Levy. Once you receive it, the IRS can contact your employer directly and require them to withhold part of your wages, and the employer must comply or face financial consequences, so withholding typically begins right away.

The amount the IRS can take depends on your filing status and number of dependents, but it often leaves only a minimum exempt amount, and the IRS can take most or all of a second job's wages because the exemption typically applies to only one primary source of income.

Federal law allows the IRS to levy wages under 26 U.S. Code Section 6331, but that authority is not unlimited. The agency must issue proper notice and give you an opportunity to resolve the debt before enforcement begins. We review the full timeline of your case, including notices, assessments, and collection activity, to determine whether the IRS followed the required procedures before taking money from your income.

Options to stop or reduce wage garnishment

A wage garnishment tied to tax debt does not always continue indefinitely. Under 26 U.S.C. Section 6343, the IRS must release a levy in certain conditions, including when the collection action creates significant economic hardship. The goal is to identify a resolution that protects your ability to meet basic living expenses.

Pay the tax debt

By far, the simplest way to end a wage garnishment is by paying your tax debt in full. Once your balance reaches zero, the government releases the garnishment and stops pulling from your paycheck. Alternatively, a garnishment can end if the IRS accepts your offer in compromise, which means settling the debt for less than the full amount.

Set up an installment agreement

The IRS might agree to halt the garnishment if you set up an installment agreement and make regular payments toward your debt.

Prove financial hardship

If the garnishment prevents you from covering basic living expenses, you can request a hardship release. Securing one requires that you are genuinely unable to cover your basic expenses without your full check, and properly presenting the facts of your financial situation can be critical to the outcome.

Request a hearing

The IRS makes mistakes, even with wage garnishments. If you act quickly after receiving your notice, you have the opportunity to halt the process while you challenge the garnishment through a Collection Due Process hearing, and you are entitled to hire an attorney throughout it.

Why tax experience matters

Not every lawyer handles tax enforcement actions. Wage garnishment connected to unpaid taxes requires an understanding of IRS procedures, collection notices, and the administrative process federal tax authorities use. You should receive clear guidance about your options and the realistic outcomes available in your case. Whiteford Tax Defense focuses specifically on tax controversies, including civil tax disputes, criminal tax exposure, and IRS collection enforcement.

Tax enforcement often involves multiple notices and deadlines, so timing matters. Acting early generally gives you more options to resolve the debt and stop the garnishment before additional financial damage occurs.