How to Stop an IRS Wage Garnishment in San Bernardino

Kugelman Law
A worried worker looking at a paycheck stub showing IRS wage garnishment deductions in San Bernardino.

You check your bank account on payday, expecting your usual deposit, but the balance is shockingly low. Or your HR manager calls you into the office with an embarrassed look and hands you an IRS Notice of Levy. In San Bernardino, where the cost of living leaves little margin for error, a wage garnishment is a financial catastrophe.

Unlike regular creditors who need a court order to touch your wages, the IRS can garnish your paycheck administratively. And they are ruthless – they can legally take a massive percentage of your net pay, leaving you with a meager “exempt amount” that is often insufficient to cover rent and food for a family.

The “Exempt Amount” Reality Check

The IRS uses a standard table to determine how much you are allowed to keep. For a single person with one deduction, this might be as little as $500 per week, regardless of whether your rent in Fontana is $2,000 a month. The rest goes straight to the Treasury. This continues every single pay period until the debt is paid in full.

Three Ways to Stop a Garnishment Immediately

1. Negotiate a Partial Payment Installment Agreement

The IRS generally prefers voluntary payments over forced collections. We can often get a garnishment released by contacting the IRS Collections division and setting up a formal payment plan. Even if you can only afford $100 a month, establishing this agreement officially halts the levy.

2. Prove Financial Hardship (Status 53)

If the garnishment prevents you from meeting basic living expenses (food, shelter, medical care), we can file for Currently Not Collectible (CNC) status. We prepare a financial statement (Form 433-F or 433-A) documenting your income and allowable expenses. If we prove that you have zero disposable income, the IRS must stop the garnishment. This doesn’t erase the debt, but it buys you peace (and your full paycheck) for a year or more.

3. File a Collection Due Process (CDP) Appeal

If you received a “Final Notice of Intent to Levy,” you have 30 days to request a CDP hearing. Filing this request legally pauses all collection activities while your case is reviewed by an independent Appeals Officer. This is a powerful strategic tool that buys time to negotiate a better settlement, such as an Offer in Compromise.

Why You Need a Local Attorney

Calling the IRS 1-800 number yourself often results in hours of hold time and agents who are trained to demand full payment. As tax attorneys, we have access to a dedicated Practitioner Priority Service line. We can speak directly to Revenue Officers in the San Bernardino field office when necessary. We know the specific documentation they need to release a levy immediately.

Do not work for free. If the IRS is taking your wages, contact Kugelman Law immediately. We act fast to protect your income.

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