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J.Hazelbaker
J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4385
Experience:  Attorney and small business owner with 10 years experience in the general practice of law.
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The IRS has had tax lien against my pay for over a year. It

Resolved Question:

The IRS has had tax lien against my pay for over a year. It will be many years before its paid off. Another creditor (amongst many others) has a writ of garnishment and is threatening to sue my employer to pay them as well. Isnt it true that and IRS lien must be paid off before another creditors with writs can begin to be paid? Otherwise I would have litterally nothing left to survive on?
Submitted: 2 years ago.
Category: Legal
Expert:  J.Hazelbaker replied 2 years ago.

J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

Under federal law, up to 25% can be garnished from your take-home pay. No more. So, if one garnishor is taking the full 25%, there can be no further garnishment.

J.Hazelbaker :

If, however, one garnishor is taking 20%, then another garnishment can take up to 5%, but no more.

J.Hazelbaker :

The IRS has priority. So, even if the garnishment expires after 120 days, which it can, the IRS can and will simply refile and kick any other garnishor out of line. But, that's not you or your employer's problem. The garnishors must fight it out.

J.Hazelbaker :

If the IRS has a valid garnishment at this time and it is the full 25%, then the employer can not garnish any additional amount.

J.Hazelbaker :

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.

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J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4385
Experience: Attorney and small business owner with 10 years experience in the general practice of law.
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