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getirshelp > Intel > Garnishment of 1099s and Wages

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Garnishment of 1099s and Wages

By Darrin Mish

For a number of reasons, wages are garnished. Because creditors collect settlement direct from paychecks, this is a serious situation for people in debt.

Salary can be taken automatically from a person's paycheck or other income sources when a judgment is made. Wage can be garnished for these reasons:

* Child support is owed.
* Taxes are unpaid.
* Court fines owed.
* Unpaid student loans.
* Credit card debt.
* Other dues.

Differing from state to state, federal law maintains garnishment at twenty-five percent. States like Pennsylvania, North and South Carolina, and Texas don't allow garnishment, while others provide lower amounts for garnishment. The fixed order for garnishments to be collected when income is not enough is federal first, state second, and credit cards last.

The IRS procedure that should be complied with when garnishing salary are:

* The first thing served is a Notice and Demand for Payment.
* 30 days before garnishment is effective, a Final Notice is sent. (Note: The Final Notice isn't needed to be delivered in person, so a lot of people do not receive it. They may not be aware of the garnishment of their wage.)
* Salary is then garnished until either the debt is settled or other arrangements are decided for settlement. Garnishment of wage cannot be declined by defendants.

Companies that hire private contractors or freelancers must file a 1099 form to the IRS to report income. Taxes are computed by the 1099 contractors themselves.

The employer has the responsibility to take settlement out of the paycheck if an employee's salary is garnished. If the employee resigns and becomes a freelancer or a 1099 private contractor, then the employer is obviously released from that responsibility. The contractor's accounts receivable can be levied by the credit, instead of garnishing wage. This means that when an independent freelancer gets payment from a company for work, the bank account can be levied.

Money in the account is frozen and taken when a bank account is levied. This is most commonly practiced by the IRS, but other creditors can do it, as well. Unless the debt is paid, creditors can levy bank accounts.

Having your bank account levied or your salary garnished is serious. To assist you with IRS issues, consult experienced lawyers such as Darrin T. Mish.

Contributed by getirshelp on April 6, 2009, at 2:26 AM UTC.

PLEASE VISIT THE CONTRIBUTOR'S WEBSITE
Get IRS Help - Focusing on Solving Tax Problems
IRS Representation for taxpayer around USA
www.getirshelp.com

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