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Under U.S. federal tax law, a garnishment by the Internal Revenue Service (IRS) is a form of administrative levy. In the case of an IRS levy, no court order is required. [9] Only a few requirements must be met before the IRS starts a wage garnishment: The IRS must have assessed the tax and must have sent a written Notice and Demand for Payment;
However, any earnings the court deems “income” are subject to garnishment, including wages, salaries, commissions, bonuses, income from pension or retirement plans and, in some cases, tips.
The Consumer Credit Protection Act (CCPA) is a United States law Pub. L. 90–321, 82 Stat. 146, enacted May 29, 1968, composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title II related to extortionate credit transactions, title III related to restrictions on wage garnishment, and title IV related to the National Commission on Consumer Finance.
At present four U.S. states — North Carolina, Pennsylvania, South Carolina and Texas — do not allow wage garnishment at all except for debts related to taxes, child support, federally guaranteed student loans, and court-ordered fines or restitution for a crime the debtor committed.
Most of the time unemployment benefits are protected from wage garnishment. In some cases, unemployment benefits can be garnished if you owe income taxes, student loan debt or child support.
Student loan wage garnishment involves a private lender or the federal government withholding part of your income to repay overdue student loan debt. Federal student loan payments were paused ...
Texas: Government Code Ch 21 § 002(f) Allows imprisonment of debtors for child support debt as a contempt of court charge during off-work hours. [72] Washington: Const art I § 17 [73] Imprisons citizens who are then typically required to submit financial documentation to the courts, to facilitate seizure of assets or wage garnishment.
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