{"id":354014,"date":"2022-08-19T07:44:47","date_gmt":"2022-08-19T12:44:47","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/tax\/tax-problems-audits\/how-to-stop-irs-wage-garnishment.html"},"modified":"2026-06-30T09:12:35","modified_gmt":"2026-06-30T14:12:35","slug":"how-to-stop-irs-wage-garnishment","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/tax\/tax-problems-audits\/how-to-stop-irs-wage-garnishment.html","title":{"rendered":"How To Stop IRS Wage Garnishment Before It Starts"},"content":{"rendered":"\n
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How To Stop IRS Wage Garnishment Before It Starts<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Wage garnishment is when the IRS directs your employer to withhold a part of your paycheck to satisfy unpaid taxes<\/span>. To prevent a levy from starting, a taxpayer<\/span> can request a Collection Due Process<\/span> hearing, enter into an installment agreement<\/span>, or make an Offer in Compromise<\/span> within 30 days of the date on the Final <\/span>Notice<\/span> of Intent<\/span> to Levy.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

One of the scariest (and most effective) collection tactics creditors use to get their money is a wage garnishment, and the Internal Revenue Service is no different. Once you\u2019ve caught the government\u2019s attention, it\u2019s likely that it will get what you owe them.<\/p>\n

When you receive a notice from the IRS that they intend to garnish your wages, swift action is a must. You only have 30 days from the date of the \u201cFinal <\/span>Notice<\/span> of Intent<\/span> to Levy\u201d to prevent the government from garnishing your wages. The 30-day period isn\u2019t very long, so you can\u2019t waste any time. It offers the best opportunity to stop the wage garnishment before it starts.<\/p>\n

This article explains what a wage garnishment is and how the IRS initiates one. It also offers guidance on how to stop a wage garnishment before it starts.<\/p>\n

If you owe back taxes<\/span> and are afraid the IRS will take action, contact a local tax attorney<\/span><\/a>. They\u2019ll negotiate with the government, attempt to convince them not to garnish wages<\/span>, and help you find another way to settle your IRS <\/span>tax<\/span> debt<\/span>.<\/p>\n

What Is Wage Garnishment?<\/h2>\n

Wage garnishment is the legal procedure through which a creditor recovers a debt<\/a> by laying claim to a percentage of a person\u2019s wages. This can be a useful tool for those seeking repayment of unpaid taxes<\/span>, child support<\/span><\/a>, credit card debt, and other liabilities.<\/p>\n

Unlike other creditors, the IRS doesn\u2019t need a court order<\/span><\/a> to garnish your wages. In addition, it calculates a minimum amount you’re allowed to keep (based on your filing status<\/span> and dependents) and takes everything above that threshold. This can result in 70% or more of your income going to the IRS each pay period<\/span>.<\/p>\n

The good news is that wage garnishment is one of the last steps in the debt collection process<\/a>. The IRS would prefer that a taxpayer<\/span> resolve their tax debt<\/span> in some other way, but it requires you to take immediate action once you\u2019ve been alerted.<\/p>\n

Hoping the problem will go away is the last thing you want to do when it comes to tax issues<\/span>. By ignoring the IRS\u2019s letters and warnings, you leave the government no choice but to resort to this method.<\/p>\n

How Much of My Wages Can the IRS Garnish?<\/h2>\n

Under federal law<\/span>, most creditors are limited to\u00a0garnishing up to 25% of your disposable wages<\/a>, which is the amount left over after you pay your basic <\/span>living expenses<\/span>. The IRS is not like most creditors and can garnish up to 70% of your disposable income each pay period<\/span>.<\/p>\n

The exempted amount is calculated using the federal standard deduction<\/span> and based on your filing status<\/span> and the number of dependents<\/span> you can claim on your income <\/span>tax<\/span> return<\/span>. The IRS sends your employer information explaining how to\u00a0calculate the amount<\/a> of the wage garnishment.<\/p>\n

According to the IRS table for 2026, a single\u00a0taxpayer<\/span>\u00a0with no dependents can exempt only around $1,342 per month ($61.92 per day) from garnishment. Any income the individual receives above that amount will be paid to the IRS. Married taxpayers<\/span> filing a joint return with two dependents can claim an exemption of up to $3,566 a month ($164.61 a day).<\/p>\n

IRS Collection<\/span> Process<\/span><\/h2>\n

IRS wage garnishment, also known as a wage levy<\/span>, is part of the final step of the agency\u2019s process for collecting back taxes<\/span>. The process gives taxpayers<\/span> several opportunities to either appeal their tax bill or reach an alternative arrangement with the IRS.\u00a0<\/p>\n

U.S. tax law<\/span><\/a>\u00a0governs the IRS collection<\/span> process<\/span>, and the agency must follow the legal procedures outlined in the Internal Revenue Code. The\u00a0collection process<\/a>\u00a0begins when the IRS sends you a bill for your unpaid taxes<\/span>. The process is complete when you have either paid your tax debt<\/span> or the time the IRS has to collect a debt expires.<\/p>\n

The first notice the IRS issues is a letter explaining that you have an unpaid balance and demanding payment in full. The notice will explain the tax owed, any penalties assessed<\/a>, and interest accrued on the balance.<\/p>\n

How To Prevent the Government From Placing a Garnishment on Your Wages<\/h2>\n

Stopping <\/a>wage garnishment<\/a>\u00a0before it starts is a much better option than negotiating after the collection process has begun. Before the IRS can issue a wage garnishment, it must notify the taxpayer<\/span> of its intent to do so. You\u2019ll receive a \u201cFinal <\/span>Notice<\/span> of Intent<\/span> to Levy<\/a>,\u201d which contains information about the debt and a 30-day deadline to respond to the notice.<\/p>\n

The final notice<\/span> contains the following information:<\/p>\n