IRS Garnished My Wages Without Notice – Is That Legal?
If Your Paycheck Was Seized Without Warning—You’re Not Alone
One day you get paid—and suddenly, your paycheck is hundreds of dollars short. After calling your employer, you find out the IRS is garnishing your wages.
But you don’t remember getting a levy notice.
You’re not the first person to ask: "Can the IRS do this without telling me first?"
In this post, we’ll explain the IRS’s legal obligation to notify you before garnishment, how mistakes happen, and what you can do to stop or reverse a levy—even if you never saw the letter.
Does the IRS Have to Send a Notice Before Garnishment?
Yes. Federal law requires the IRS to send written notice before issuing a wage levy.
Specifically, the IRS must:
- Assess the tax
- Send a Notice and Demand for Payment
- Send a Final IRS notice of intent to levy (Letter 1058 or LT11) at least 30 days before seizing your wages
- Give you an opportunity to request a Collection Due Process (CDP) hearing
Related: IRS Notice of Intent to Levy – Urgent Steps to Take
So Why Didn’t You See It?
Here are the most common reasons taxpayers don’t receive levy notices:
- The IRS mailed it to an old or incorrect address
- The notice got lost in the mail
- You moved but didn’t update your address with the IRS
- You received the notice but didn’t realize it was serious
- Someone else (like an accountant or ex-spouse) received the mail
Once the IRS mails the notice to your last known address, they consider you legally notified—even if you never saw it.
Can You Still Stop the Wage Garnishment?
Yes—especially if you didn’t receive proper notice.
You may be able to:
- Request a Collection Due Process hearing (Form 12153), if still within 30 days
- File for an equivalent hearing, if beyond 30 days
- Demonstrate that the levy causes financial hardship
- Negotiate an Installment Agreement or Offer in Compromise
When it comes to stopping wage garnishment in California, fast action and proper filings make all the difference.
What If the IRS Truly Failed to Notify You?
In rare cases where the IRS:
- Did not send the Final Notice of Intent to Levy
- Sent it to the wrong address despite having an updated one
- Failed to follow legal procedure
You may be able to:
- Request immediate levy release
- File a CAP appeal or Taxpayer Advocate case
- Seek a refund of funds already taken
- Request abatement of penalties caused by the enforcement
Related: IRS Collection Appeals Program (CAP) vs CDP Hearings – What’s the Difference?
What You Can Do Now
✅ Step 1: Contact the IRS or Hire a CPA
Get a copy of your account transcript and any notices issued.
✅ Step 2: File Form 911 (If Urgent)
This requests Taxpayer Advocate assistance if the levy is causing serious hardship.
✅ Step 3: Submit Financial Info
Provide IRS Form 433-A or 433-F to show your financial situation and request a resolution.
✅ Step 4: Request a Levy Release
If you qualify, using Currently Not Collectible status to stop levies is often the fastest way to pause enforcement.
Taking these actions quickly also helps with avoiding IRS levies before they start in the future.
We Help Orange County Taxpayers Stop Wage Garnishment—Even After It Starts
At Boulanger CPA and Consulting PC, we:
- Investigate whether the IRS followed legal notice procedures
- Request levy release and negotiate affordable resolutions
- File appeals and advocate on your behalf
- Prevent future garnishment and protect your income
We also provide resources to explore more in Defend What’s Yours, helping you understand your rights before the IRS takes action.
Call (657) 218-5700 or request a same-day strategy call at www.orangecounty.cpa
Frequently Asked Questions
Can the IRS garnish wages without notice?
No. By law, the IRS must send a Final Notice of Intent to Levy at least 30 days before garnishment begins. If you did not receive it, it may have gone to your last known address.
What if I never saw the levy notice?
Even if you didn’t physically receive the notice, the IRS only has to prove it was mailed to your last known address. That is legally sufficient.
Can I stop a wage garnishment after it starts?
Yes. You can request a release by entering into a payment agreement, proving financial hardship, or submitting an Offer in Compromise or Currently Not Collectible request.
What if the IRS garnished my wages in error?
If the levy was issued incorrectly—such as after you already paid or were in compliance—you can request an immediate release and possible refund of garnished wages.
Does California require separate notice for state garnishments?
Yes. The Franchise Tax Board (FTB) and Employment Development Department (EDD) issue their own notices before garnishment of wages for state taxes.
Can bankruptcy stop wage garnishment?
Yes. Filing bankruptcy creates an automatic stay that halts IRS and state garnishments, though underlying tax debt may not be fully discharged.
How long does IRS wage garnishment last?
Garnishment continues until the balance is paid in full, a settlement is reached, or the IRS agrees to release it. It does not stop automatically unless resolved.
Should I get professional help for wage garnishment?
Yes. Professional help ensures your rights are protected and provides the best chance to release the garnishment quickly.
📣 About the Author
Marc Boulanger, CPA is the founder of Boulanger CPA and Consulting PC, a boutique tax resolution firm based in Orange County, California and trusted by high-income individuals and business owners across Southern California.
He is the author of Defend What’s Yours: A California Taxpayer’s Guide to Beating the IRS and FTB at Their Own Game, available now on Amazon. The book offers a step-by-step plan for resolving IRS and FTB tax debt without losing your business, your home, or your peace of mind.
With over a decade of experience resolving high-stakes IRS and State tax matters, Marc brings strategic insight to complex cases involving wage garnishments, bank levies, unfiled returns, and six-figure tax debts. He is known for helping clients reduce or eliminate tax liabilities through expertly negotiated settlements and compliance plans.
Marc is a Certified Public Accountant licensed in California and Oklahoma and holds the designation of Certified Tax Representation Consultant. He is a member of the American Society of Tax Problem Solvers (ASTPS) — the national organization founded by the educators and practitioners who have trained thousands of CPAs, EAs, and tax attorneys in IRS representation strategy.
Every case is handled with discretion, proven methodology, and direct CPA-led representation — not call center scripts.
📍 Learn more at www.orangecounty.cpa or call (657) 218-5700.
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