Stop IRS Wage Garnishment
Bankruptcy does stop wage garnishment and discharge your debts once and for all. If your payroll department has been served with an earnings withholding order it is only a matter of time before your wages will be garnished. Schedule a FREE PHONE CONSULTATION or FREE OFFICE CONSULTATION and find out if bankruptcy is right for you. 1-877-963-9543
Meet our attorneys: Kitty J. Lin and Ryan C. Wood
We are committed to providing you with the best bankruptcy experience for a reasonable fee.
Unlike a credit card company the government does not have to sue you to garnish your wages. The IRS or FTB will notify you of their intent to garnish your wages and your payroll department will let you know when it will start. Taxes are generally not dischargeable unless there are at least three years old, filed on time, accessed 240 days prior to the filing of the bankruptcy, no fraud involved or tax evasion and a couple other requirements. The most important requirements for the discharge of taxes is when were the taxes due and how long ago were they accessed? All federal and state taxes are due April 15 or each year. So your taxes for 2006 were due April 15, 2007. So income taxes due for 2006 could be discharged by filing bankruptcy as of April 16, 2010. The next question is where were the taxes accessed? Just because the unpaid income taxes were due in 2006 does not mean that the IRS or FTB accessed them at that time. More often than not taxes are accessed far later than when they were due. It is very important to obtain an account transcript from the Internal Revenue Service or Franchise Tax Board before filing for bankruptcy to make sure the taxes are dischargeable.
If the taxes are not dischargeable bankruptcy can still help. If you file a chapter 13 bankruptcy no penalties and interest continues to accrue. You will only pay back the taxes owed at the time the chapter 13 case is filed. This can equate to a huge savings over time.
With offices in Redwood City, San Francisco, San Jose, Fremont and Oakland we represent clients throughout the Bay Area including San Mateo County, Santa Clara County, Alameda County, Contra Costa County, Burlingame, Daly City, Foster City, Half Moon Bay, Millbrae, Pacifica, Redwood City, San Bruno, San Mateo, South San Francisco, Cupertino, Gilroy, Los Gatos, Milpitas, Mountain View, Palo Alto, Santa Clara, Sunnyvale, Concord, Danville, Martinez, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, Walnut Creek, Berkeley, Dublin, Hayward, Livermore, Pleasanton, San Leandro and Union City.