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bank levy attorney near me

IRS Levy and Wage Garnishment Attorney in New Jersey & New York

An IRS bank levy or wage garnishment can disrupt your paycheck, freeze your bank account, and create immediate financial pressure. If you received a final notice of intent to levy, wage garnishment notice, bank levy notice, or IRS collection warning, timing matters.

Todd S. Unger helps taxpayers respond quickly to IRS collection threats, evaluate appeal rights, request levy release when available, and pursue a practical resolution before the IRS collects more aggressively.

What Can Happen If the IRS Starts Collecting?

An IRS bank account levy and wage garnishment are two of the most serious enforcement actions the IRS can take. Unlike a tax lien, which is a legal claim against your property, a levy is the actual taking of money or property to satisfy a tax debt.

Your Paycheck Can Be Garnished

The IRS may instruct your employer to send part of your wages directly to the government until the tax issue is resolved or the levy is released.

Your Bank Account Can Be Frozen

A bank levy can freeze funds in your account, creating immediate problems with rent, payroll, mortgage payments, utilities, and basic living expenses.

Business Cash Flow Can Be Disrupted

For business owners, IRS collection can affect operating accounts, receivables, vendor payments, payroll taxes, and the ability to keep the business running.

The worst move is silence. IRS collection notices usually come with deadlines. Missing those deadlines can limit your options and make enforced collection harder to stop.

Wage garnishment attorney reviewing IRS collection documents

What to Do If You Received an IRS Levy or Garnishment Notice

If the IRS is threatening a wage garnishment, bank levy, or other collection action, do not ignore the notice. The deadline on the notice can affect your appeal rights and your ability to stop or delay enforced collection.

1

Read the Notice Carefully

Look for the notice type, tax years involved, balance owed, response deadline, and whether the IRS is giving you appeal rights.

2

Do Not Immediately Agree to a Payment You Cannot Afford

A rushed payment plan can create more problems if it is unrealistic. The IRS may need financial information before accepting a better resolution.

3

Find Out Whether Collection Can Be Stopped or Released

Depending on the facts, options may include a Collection Due Process hearing, installment agreement, hardship request, currently not collectible status, Offer in Compromise, or levy release request.

Can an IRS Levy or Wage Garnishment Be Stopped?

In some cases, yes. The available options depend on the type of levy, where you are in the IRS collection process, whether deadlines are still open, your financial condition, and whether you are current with filing obligations.

Possible Ways to Respond

Requesting a levy release

Negotiating an installment agreement

Requesting a Collection Due Process hearing

Showing economic hardship

Evaluating Offer in Compromise or currently not collectible status

What Determines the Best Option?

The right option depends on your tax balance, income, expenses, filing compliance, assets, deadlines, and whether the IRS has already started collecting.

If your bank account has already been levied, the timing can be especially tight. If your wages are being garnished, the issue may continue each pay period until the IRS releases the levy or the tax debt is otherwise resolved.

Talk to a Tax Attorney About a Levy


New Jersey tax attorney reviewing IRS levy and garnishment documents

What Are Levies and Garnishments?

IRS Wage Garnishment

An IRS wage garnishment occurs when the IRS instructs your employer to redirect part of your paycheck to the government for unpaid tax debt. This can directly affect your ability to pay household expenses, support your family, and stay current on other obligations.

IRS Bank Levy

A bank levy allows the IRS to freeze funds in a bank account and apply those funds to a tax debt. Bank levies can create immediate hardship because they may block access to money needed for rent, payroll, utilities, food, or other basic expenses.

Relief From a Tax Levy

The IRS may be required to release a levy in certain circumstances. A levy release does not necessarily erase the tax debt, but it can stop the immediate seizure while a larger resolution is addressed.

The tax is paid or the collection period has expired

Releasing the levy helps collect the tax

You enter into an installment agreement that does not allow the levy to continue

The levy creates economic hardship

The levied property is worth more than the debt and release will not hurt collection

The levy was issued in error or appeal rights remain available

The goal is not just to stop the immediate levy. The larger goal is to resolve the underlying tax problem so the IRS does not return with another enforcement action.

Economic Hardship and Levy Release

Economic hardship may exist when a levy prevents you from meeting basic, reasonable living expenses. This can involve rent or mortgage payments, utilities, food, medical expenses, transportation, childcare, payroll obligations, or other necessary costs.

Hardship arguments need documentation. The IRS may ask for financial information, income, expenses, account records, pay stubs, and proof that the levy is preventing payment of necessary living expenses.

Todd S. Unger helps taxpayers organize the financial information needed to request levy release, evaluate hardship options, and pursue a sustainable tax resolution.


Experienced tax law attorneys helping with IRS levy and garnishment disputes

Options for Responding to IRS Collection Action

When IRS collection action is threatened or already underway, the right response depends on your facts. A tax attorney can help evaluate which option is realistic and which deadlines must be protected.

Requesting a levy release

Negotiating an IRS installment agreement

Requesting a Collection Due Process hearing

Showing financial hardship

Evaluating currently not collectible status

Reviewing Offer in Compromise eligibility

Addressing unfiled tax returns before negotiating

Challenging incorrect balances or improper collection

If the IRS sent a final notice of intent to levy, review your rights to a Collection Due Process hearing. If you need a long-term resolution, you may also need an IRS installment agreement or Offer in Compromise.

IRS Levy and Wage Garnishment FAQs

Can an IRS wage garnishment be stopped?

In some cases, yes. The available options depend on the stage of collection, your financial situation, filing compliance, and whether appeal or resolution options are still available.

Can the IRS take money from my bank account?

The IRS can levy a bank account after following required procedures. If you receive levy notices, timing matters because deadlines can affect your rights and the chance to request a release.

What is a Collection Due Process hearing?

A Collection Due Process hearing allows a taxpayer to challenge or respond to certain IRS collection actions, including levy notices, while proposing resolution options.

What if I cannot afford to pay the IRS?

If you cannot afford full payment, options may include an installment agreement, hardship status, currently not collectible status, penalty relief, or an Offer in Compromise.

Does a levy release erase the tax debt?

No. A levy release may stop or remove the immediate collection action, but the underlying tax debt still needs to be resolved through payment, settlement, appeal, hardship status, or another IRS resolution option.

Get Help Before the IRS Collects

Facing an IRS levy or wage garnishment demands immediate action. Todd S. Unger can help evaluate your notices, protect your rights, and determine whether a levy release, hearing, hardship request, payment plan, or broader tax resolution option may apply.

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