Ponte Vedra Wage Garnishment Lawyer

Ponte Vedra Wage Garnishment Attorney

Wage garnishment can have a significant impact on your finances as well as your day-to-day ability to pay your bills and afford basic needs. If your wages are being garnished, you need a Ponte Vedra wage garnishment lawyer to help you negotiate a lower amount or find another solution for your tax debt.

The IRS (Internal Revenue Service) typically does not begin collection actions with wage garnishment. Wage garnishment occurs when reminders, notices, and penalties have had no effect in getting taxpayers to pay their debt for a significant amount of time. The IRS may then use more severe tactics, including wage garnishment, liens, and levies.

Wage garnishment can be financially straining, particularly for individuals who live by each paycheck. You could lose up to 25% of your paycheck to wage garnishment.

A tax attorney can help you determine what options are available to you. These may include a settlement, a lower wage garnishment, or a payment plan. It’s important that your attorney is skilled and able to use their knowledge for your unique situation.

Negotiating Wage Garnishment in Ponte Vedra

Tax Smith Tax Attorneys can help you find the ideal solution for your tax debt. The sooner you begin working with us, the sooner we can fight for your interests and potentially avoid additional penalties, interest, and IRS actions. We have worked in tax law for decades, representing our clients in tax preparation, tax debt settlement, and IRS audits. Our experience covers state, local, and federal tax codes as well as individual, family, and business taxes.

If you are dealing with wage garnishment because of unpaid taxes in Ponte Vedra, we can help. Our team understands how frustrating tax issues can be, and we can guide you through each step in the process. We can negotiate the wage garnishment on your behalf and explain the avenues for tax debt relief.

How Does Wage Garnishment Happen?

When you owe the IRS significant debt, the IRS can take that money directly from your paycheck. It does this by notifying your employer, who is then required to deduct the specified percentage from your paycheck and send it to the IRS. Other creditors can also garnish your wages, but most need court approval to do so. The IRS does not need this approval. Debt related to back taxes, student loans, and child support payments can be garnished from your wages without approval.

If you do not address this wage garnishment, it can continue at a maximum of 25% until your debt is paid in full. The IRS may also take other actions, including property liens or bank levies.

Wage garnishment can affect your salary or hourly wages, as well as bonuses and commissions. If you are self-employed, this does not exempt you from wage garnishment. The IRS may garnish your accounts receivable. The IRS can also garnish military retirement benefits or social security benefits if you rely on those for income, although only up to 15% of these benefits.

How Can I Resolve Wage Garnishment?

A skilled attorney is a crucial ally in resolving tax debt and wage garnishment. There are several options to resolve wage garnishment, including:

1. Paying in Full: This is the most effective way to resolve nearly any tax debt issue, and it can prevent additional actions by the IRS. Unfortunately, it is not feasible for every taxpayer.
2. Negotiating the Garnishment: An attorney can help lower the percentage of garnishment, enabling you to have slightly more financial freedom and avoid other IRS actions.
3. Tax Debt Resolution: An attorney can also negotiate for other options, depending on what you qualify for. These may include a payment plan or an offer in compromise.
4. Head of Household Exemption: If you are responsible for more than half the support of a child or another dependent, you can file for a head of household exemption. This either prevents your wages from being garnished or requires you to agree to any garnishment amount.
5. Bankruptcy: In extreme cases, you can file for bankruptcy to end wage garnishment.

An attorney can help you determine the ideal solution.

FAQs

Q: How Do I Fight Wage Garnishment in Florida?

A: There are several ways to negotiate and end wage garnishment if you are unable to pay the back taxes in full. However, if you are able to pay the taxes, paying in full is the most effective way to avoid the consequences of wage garnishment. If you are unable to do this, then a skilled wage garnishment tax attorney can help you determine methods for reducing the amount being garnished or setting up another way to pay the IRS. These may include a payment plan or a lump-sum amount.

Q: How Much Can a Creditor Garnish Your Wages in Florida?

A: The most that a creditor can garnish your wages in Florida is the lower amount of the following two options:

1. 25% of your income
2. The amount that your disposable income exceeds 30 times the minimum wage

If your disposable income is less than 30 times the minimum wage, your wages cannot be garnished. Disposable income is income after legally required deductions, including state and federal taxes. Garnishment typically occurs when you have federal tax debt, but it can also occur for state tax debt. While other creditors must get court approval to garnish wages, the IRS does not.

Q: How Do You Negotiate Wage Garnishment?

A: The first step to negotiating a wage garnishment is to pay off your back taxes if you are able. Paying the debt in full will stop the IRS collection actions and prevent additional penalties or actions.

If you cannot pay the debt in full, discuss your situation with a tax attorney. They can more effectively negotiate a lump sum, insulation agreement, or some other way to settle your debt. In other cases, an attorney can negotiate the wage garnishment to a more manageable amount. They can also determine if you qualify for any exemptions.

Q: What Income Cannot Be Garnished in Florida?

A: If you qualify for the head of household exemptions, then there are limits on wage garnishment. To be considered the head of the household, you must provide a minimum of more than half the support for a minor or other dependent. You must file for this exemption soon after being informed of garnishment actions. Under this exemption, if your weekly disposable income is $750 or less, the income cannot be garnished. If your disposable income is greater, you must agree to any garnishment in writing.

Rely on Tax Smith Tax Attorneys for Your Tax Solutions

If your wages are being garnished, contact Tax Smith Tax Attorneys today.