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How Do I Stop An Administrative Wage Garnishment?

You can stop an administrative wage garnishment by proving you don't owe the debt, the amount claimed is wrong, it would constitute a financial hardship.

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How Do I Stop An Administrative Wage Garnishment?

You can stop an administrative wage garnishment by proving:

  • The debt is not enforceable against you
  • The amount of the debt is incorrect
  • An administrative wage garnishment would constitute a financial hardship

How Do I Stop An Administrative Wage Garnishment

You Must Timely Request A Hearing On An Administrative Wage Garnishment

You will receive a notice from the Bureau of the Fiscal Service stating that the Treasury intends to garnish your wages. Thereafter, you must submit a hearing request prior to the date stated in the notice.  Moreover, if you fail to submit your hearing request timely, the Bureau of the Fiscal Service will issue an order to your employer to start garnishing your wages.  However, an order will not issue until you have had a chance to be heard but only if you submit your hearing request on time.

You Do Not Owe The Debt

You may present evidence and arguments proving that you do not owe the debt.  However, you must provide evidence as to why you do not owe the debt.  For instance, you may have been released from the debt by government agency that claims you owe the debt.  Likewise, you may have paid the debt in full.  You may have a myriad of legal defenses that prove you are not liable for the debt.

The Amount The Bureau of the Fiscal Service Claims Is Incorrect

Furthermore, you may owe some or part of the debt, but not the amount the Bureau of the Fiscal Service alleges.  As such, you may have records of payments you made towards the debt that show a lesser amount.  Or you may have evidence that the government sold certain collateral, which paid down the amount of the debt.  In any case, you will need to present evidence as to why Bureau of the Fiscal Service's claim is inaccurate.

The Administrative Wage Garnishment Would Constitute A Financial Hardship

In addition, you may claim that the proposed administrative wage garnishment would create a financial hardship.  However, you must submit a personal financial statement and supporting documentation.  The financial documentation must show that an administrative wage garnishment would not allow you to meet your basic living needs.  These needs include food, housing, utilities, transportation, medical care, and other living essentials.  It does not include such expenses as funding your 401k, your child's private school or college tuition, excessive housing costs, credit card debt and other expenses.

Contact Protect Law Group For A consultation

Protect Law Group's assertive attorneys are experienced in defending clients in administrative wage garnishment hearings.  Our attorneys provide you with the best possible chance at winning by marshaling favorable evidence and presenting well-researched legal defenses.  Contact us today for a free initial 20-minute consultation.

Why Hire Us to Help You with Your Treasury or SBA Debt Problems?

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Millions of Dollars in SBA Debts Resolved via Offer in Compromise and Negotiated Repayment Agreements without our Clients filing for Bankruptcy or Facing Home Foreclosure

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Millions of Dollars in Treasury Debts Defended Against via AWG Hearings, Treasury Offset Program Resolution, Cross-servicing Disputes, Private Collection Agency Representation, Compromise Offers and Negotiated Repayment Agreements

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Our Attorneys are Authorized by the Agency Practice Act to Represent Federal Debtors Nationwide before the SBA, The SBA Office of Hearings and Appeals, the Treasury Department, and the Bureau of Fiscal Service.

$150,000 SBA 7A LOAN - NEGOTIATED STRUCTURED WORKOUT AGREEMENT

$150,000 SBA 7A LOAN - NEGOTIATED STRUCTURED WORKOUT AGREEMENT

Client personally guaranteed SBA 7(a) loan for $150,000. COVID-19 caused the business to fail, and the loan went into default with a balance of $133,000. Client initially hired a non-attorney consultant to negotiate an OIC. The SBA summarily rejected the ineligible OIC and the debt was referred to Treasury’s ureau of Fiscal Service for enforced collection in the debt amount of $195,000. We were hired to intervene and initiated discovery for SBA and Fiscal Service records. We were able to recall the case from Fiscal Service back to the SBA. We then negotiated a structured workout with favorable terms that saves the client approximately $198,000 over the agreed-upon workout term by waiving contractual and statutory administrative fees, collection costs, penalties, and interest.

$1,200,000 SBA 7A LOAN - SBA OHA LITIGATION

$1,200,000 SBA 7A LOAN - SBA OHA LITIGATION

Client personally guaranteed an SBA 7(a) loan to help with a relative’s new business venture.  After the business failed, Treasury was able to secure a recurring Treasury Offset Program (TOP) levy against his monthly Social Security Benefits based on the claim that he owed over $1.2 million dollars. We initially submitted a Cross-Servicing Dispute, but then, prepared and filed an Appeals Petition with the SBA Office of Hearings and Appeals (SBA OHA).  As a result of our efforts, we were able to convince the SBA to not only terminate the claimed debt of $1.2 million dollars against our client (without him having to file bankruptcy) but also refund the past recurring amounts that were offset from his Social Security Benefits in connection with the TOP levy.

$140,000 SBA 7(a) LOAN – PERSONAL GUARANTY LIABILITY | NEGOTIATED 50% SETTLEMENT

$140,000 SBA 7(a) LOAN – PERSONAL GUARANTY LIABILITY | NEGOTIATED 50% SETTLEMENT

Our firm successfully resolved an SBA 7(a) loan default in the amount of $140,000 on behalf of a husband-and-wife guarantor pair. The business had closed following a prolonged decline in revenue, leaving the borrowers personally liable for the remaining balance.

After conducting a comprehensive financial analysis and preparing a detailed SBA Offer in Compromise (SBA OIC) package, we negotiated directly with the SBA and the lender to achieve a settlement for $70,000 — just 50% of the outstanding balance. This settlement released the borrowers from further personal liability and allowed them to move forward without the threat of enforced collection.

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