Appealing A Wage Garnishment

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How do I appeal a wage garnishment?

Appealing A Wage Garnishment

If you dispute the wage garnishment, you will need to fill out and send the IRS Form 12153, Request for A Collection Due Process Hearing.

This must be done within 30 days after receiving notice of a tax levy being served against your wages. Your appeal will be filed with the IRS Office of Appeals. Here is a sampling of some of the issues you may discuss at the Collection Due Process Hearing:

  • Your tax bill was paid in full prior to you receiving the IRS levy notice.
  • The IRS made a procedural error regarding your assessment.
  • You would like to discuss the collection options you have
  • The tax and levy notice were both assessed while you were in bankruptcy. (You are protected by the automatic stay while you are in bankruptcy).
  • The statute of limitations has expired. This means you received your IRS levy notice after the time allowed had expired.
  • You want to make a defense based on your marital status.
  • You did not have enough time (nor the opportunity) to dispute the assessed liability.
You need to mail the form requesting a collection due process hearing to the IRS address that is printed on your levy notice.

An IRS garnishment is another term for levy. You have the same taxpayer rights as if dealing with other tax levies. Anytime, in fact, that you deal with the IRS regarding any tax matter, you are protected by the Taxpayer Bill of Rights.

   

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