If the IRS garnishes your wages to seek repayment for owed taxes, it can cause financial hardships for you and your family. To avoid this, you can try to appeal the wage garnishment to have it removed.
If you received a notification from the IRS starting it will garnish your wages, you can take the following steps to appeal it.
Key Insights We Will Discuss
- When you can request an appeal
- How to apply for an appeal
- What to do if your appeal is denied
When to Request an Appeal
To request an appeal of your wage garnishment from the IRS, it is important to take action within 30 days of receiving the notice from the federal agency. You can request an appeal if:
- You already paid off your tax debt
- You were notified of the wage garnishments during active bankruptcy proceedings
- The statue of limitations on the debt has expired
- There was an error in assessing your tax debt
- You were not previously able to appeal the tax debt
How to Apply for an Appeal
According to the IRS, to appeal your wage garnishment(s), you must submit Form 12153 to the IRS. This form must be mailed to the agency within 30 days of receiving notification that they intend to garnish your wages.
What Steps to Take if Your Appeal Is Denied
If your appeal is denied, you still have options you can take before your wages are garnished. Some options include:
- Contest the appeal: If the IRS rejects your appeal, you can contest the ruling. You must file this within 30 days of the appeal decision. You should hire a tax attorney to represent you in these proceedings as the IRS requires that certain protocols be followed.
- File for wage garnishment exemption: If you lose your appeal and you cannot afford to have your wages garnished, you can ask the court for an exemption. With the help of a tax attorney, you will need to prove our financial status and will need to provide documentation on your household income, your number of dependents, your rent or mortgage payments, utility bills, and other unique circumstances that can affect your ability to have your wages garnished.
Contact an Attorney
If you are facing wage garnishments, call Ayar Law at 800.571.7175 to receive free, no-obligation tax advice from an experienced tax attorney.
- You can file an appeal within 30 days of receiving notification that the IRS will garnish your wages
- You must submit Form 12153 to the IRS to request an appeal
- If you lose your appeal, you can still contest the decision, or you can file for a wage garnishment exemption
- Contact Ayar Law to get free, no-obligation legal advice at 800.571.7175