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Can I Still Request A Hearing On An Administrative Wage Garnishment If The Hearing Request Date Has Passed

If you have incurred an SBA loan default and failed to submit an SBA offer in compromise or your SBA offer in compromise was rejected, you may be subject to an administrative wage garnishment.


An administrative wage garnishment consists of a procedure whereby the government can garnish up to 15% of your paycheck. Before the wage garnishment can commence, the government must provide you with notice and an opportunity for hearing. Often times, recipients fail to read completely the notice for the administrative wage garnishment. On the first page the wage garnishment notice cites a date on which the garnishment will start. However, on the second page of the wage garnishment notice there is a second, earlier date by which you must submit your hearing request to prevent the garnishment from starting. As long as you submit your wage garnishment hearing request timely, the wage garnishment will not start until a decision is made. On the other hand, if you fail to submit the administrative wage garnishment hearing request timely, the administrative wage garnishment will commence.

If you missed the hearing request date, do not fear you can still submit an administrative wage garnishment hearing request. The wage garnishment will continue for another 60 days after you submit the wage garnishment hearing request. However, if no decision is made within 60 days, the wage garnishment must cease on the 61st day thereafter.

Even if your administrative wage garnishment hearing request is late, you can still challenge the wage garnishment based upon the existence of the debt, the amount of the debt and/or if a wage garnishment would cause a financial hardship. If you were laid off from your previous employment and have been employed with your current employer for less than 12 months, the wage garnishment has to stop.

If you have received an administrative wage garnishment notice, contact Protect Law Group today and request a FREE initial consultation at 1-888-756-9969.

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If you owe more than $30,000, call our experienced attorneys at (888) 303-6975 anytime for a Free Case Evaluation