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I live in New York City and owe back Federal and State

taxes, as well as, a...
I live in New York City and owe back Federal and State taxes, as well as, a defaulted federal student loan. My wages are currently being garnished for the state taxes.
My question is:
1) Can my wages also be additionally garnished for the federal tax and the student loans, and if so:
2) What is the maximum amount these 3 can be taking from the same paycheck?
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Answered in 22 hours by:
3/17/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 21,361
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Your Questions:

I live in New York City and owe back Federal and State taxes, as well as, a defaulted federal student loan. My wages are currently being garnished for the state taxes. My question is:1) Can my wages also be additionally garnished for the federal tax and the student loans, and if so:

Response 1: Unfortunately, yes.

2) What is the maximum amount these 3 can be taking from the same paycheck?

Response 2: 10% of your gross wages or 25% of your disposable wages--your net wages. So, for example, if the State is already taking 25% of your disposable wages, the federal and student loan cannot also garnish your wages because the 25% maximum has been reached. However, if the State is taking 10% of the disposable wages, then the federal and student loan can take the other 15% bringing the total garnishment to 25% of your disposable wages.

Best wishes,

<p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt">A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site. <p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt">

Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 21,361
Experience: B.A.; M.B.A.; J.D.
Verified
Phillips Esq. and 87 other Consumer Protection Law Specialists are ready to help you
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Customer reply replied 1 month ago
Not sure if I have to pay again for another question, be more than happy to, I just wanted to be sure of something:1) Currently New York State is garnishing my paycheck 10% of my gross, from what I'm gathering from your answer I cannot be garnished anymore from either the Fed or student loans? (Until of course its paid off.)2) Actual new question, While my wages are being garnished (which, one way or the other will probably be for a long time) can my bank account still be frozen?

Thank you for the information.

Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

Kindly note that I am working with multiple customers on the site and I respond to posts in order that they are received. If you have not heard from me it does not mean that I have ignored your post. It just means that I am currently working with another customer.

Thank you for your understanding.

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Not sure if I have to pay again for another question, be more than happy to, I just wanted to be sure of something:

Response: You can ask related follow-up question at not additional cost.

Thank you for the positive rating on my previous response.

Your Questions:

1) Currently New York State is garnishing my paycheck 10% of my gross, from what I'm gathering from your answer I cannot be garnished anymore from either the Fed or student loans? (Until of course its paid off.)

Response 1: Yes, that is correct if infact your gross pay is what is being garnished and not your net/disposable wage.

2) Actual new question, While my wages are being garnished (which, one way or the other will probably be for a long time) can my bank account still be frozen?

Response 2: Yes. However, if the funds in the account are from the wages already being garnished, then you need to file Motion with the Court for the levy to be released because you cannot be garnished twice for the same debts.

Best wishes,

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Customer reply replied 1 month ago
Just let me know how to pay for another question (or happy to leave a bonus) because one kind of popped up from your answer:
In your response you said "you cannot be garnished twice for the same debts." what I'm concerned with is, if NYS tax is garnishing my wages can the FED or Student Loans still freeze my account for the amounts owed to them?Last question, promise.

Thank you for the information.

Kindly give me a few minutes to prepare my response.

Ask Your Own Consumer Protection Law Question

Just let me know how to pay for another question (or happy to leave a bonus) because one kind of popped up from your answer:
In your response you said "you cannot be garnished twice for the same debts." what I'm concerned with is, if NYS tax is garnishing my wages can the FED or Student Loans still freeze my account for the amounts owed to them?

Response: They can. However, if the funds in the account are made up primarily of your wages that are already being garnished, then you need to seek a Court Order for the levy to be released because the garnishment would now be over the maximum limit.

As for giving a bonus, there should be popup box for that on your end.

Thank you!

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Customer reply replied 1 month ago
OK tip incoming but I'm reading something contradictory to what you saying and its quite frankly what is terrifying me:Most creditors have a maximum amount of your income that they can take (usually around 25 percent of your disposable income), while the IRS determines an amount of income that is exempt.Here's the terror..."This means that they can take almost all of your income, leaving you with not much with which to pay the rest of your expenses."

Thank you for the information. However, I disagree with the statement in quotation marks. While IRS levy may be different from other levies, there is still a maximum which depends on your number of exemptions. See IRS Publication 1494.

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Customer reply replied 1 month ago
I read the chart and according to it: I'm single with one exemption paid weekly which means that only $204.81 is exempt from being taken from the IRS. So if I make $1000 per week the IRS can take $795.19 and only leave me with $204.81.Is this correct?

I need to take a break at this time.

It would be prudent to open a new thread and let another Attorney to further assist you.

Best wishes,

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Phillips Esq.
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