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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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I owe the IRS $75k in back taxes. I am on a payment plan where

Customer Question

I owe the IRS $75k in back taxes. I am on a payment plan where I pay them $1800/mth until it's all paid, which will take over 4 years. The IRS did not attach a garnishment, I am simply paying them monthly. A creditor I stopped paying due to the IRS payments has won a wage garnishment judgement against me and is sending the garnishment letter to my Employer. How can I stop this garnishment as it will cause me to default on my IRS arranged payments?
Submitted: 2 years ago.
Category: Legal
Expert:  J.Hazelbaker replied 2 years ago.

J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

Unfortunately, under the circumstances you describe, you don't have grounds to fight the creditor's garnishment.

J.Hazelbaker :

You do have two options:

J.Hazelbaker :

1) contact the IRS and ask them to garnish. Under federal law, 25% of your take home pay can be garnished. No more.

J.Hazelbaker :

If the IRS garnishes 25% (and you voluntarily pay any balance up to the $1800), the creditor can't garnish.

J.Hazelbaker :

2) declare bankruptcy and discharge the creditor's debt or negotiate repayment terms.

J.Hazelbaker :

These are the only options to keep the creditor from garnishing.

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.

Customer:

Thank you for your response. I was wondering though, even though the garnishment award was issued in Maryland Courts, I recently moved to Texas. Do you know, can or will the order issued in Maryland be enforced in a state that does not allow this type of garnishment?

J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4385
Experience: Attorney and small business owner with 10 years experience in the general practice of law.
J.Hazelbaker and 8 other Legal Specialists are ready to help you
Expert:  J.Hazelbaker replied 2 years ago.

That's good for you. While a Maryland judgment can be enforced in Texas, it is complicated. Moreover, Texas law does not allow wage garnishments. So, you don't need to worry about it. Smart move!

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