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Stop an IRS Wage Seizure

The wage levy attaches to every paycheck until released. The move: hardship documentation, resolution posting, or the defect challenge - run at speed.

By Darrin T. Mish, tax attorneyPublished June 11, 20264 min read

A wage levy is not a one-time hit - it attaches to every paycheck until released, leaving you only a modest exempt amount keyed to filing status and dependents. The move is a release, three grounds support one, and the clock is your next payday. Run it in this order.

Move One: Document the Hardship

The law requires release of levies that prevent meeting basic living expenses - requires, not permits. Build the package before the call: income against documented essentials - rent or mortgage, utilities, food, insurance, medical, transportation - showing the levy takes survival money. Hardship determinations get made by phone with documents faxed the same day, and wage levy releases transmit directly to your payroll department. The difference between people who get same-week releases and people who do not is almost never the facts. It is whether the file existed when the phone got picked up.

Move Two: Post a Resolution

Entering an installment agreement or hardship status supports release - the levy was leverage toward resolution, and resolution arrived. For balances within the Simple Payment Plan threshold with returns filed, an agreement can be established in one phone session with the release requested in the same call. The toll on this move: compliance. Missing returns stall releases hard, so the filing sprint runs simultaneously, built fast from the IRS's own wage and income transcripts.

Move Three: Check the Procedure

Levies require a Final Notice of Intent to Levy and 30 days of opportunity first. A levy issued without the notice, to an address the IRS should have updated, or while an offer, agreement request, or hearing was pending is invalid - and defects end levies outright rather than negotiating them. The notice trail is the first thing I check on every levy file.

And Fix the Exempt Amount

While the release moves run: confirm your employer received your exempt-amount statement and that it claims your true filing status and dependents - unreturned, the computation defaults to the worst case, and correcting it raises every check immediately. Speed matters here, because every payday the levy stays in place costs you a check. If the levy is taking your check now, today is the day. Call me.

Owe more than you can pay this month?

A payment plan is usually available. The question is which one, on what terms, and what it costs you over the life of the plan. One call sorts that out.