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Pomona California Form 668-W(c)(DO): What You Should Know

Negotiation of the wage levy is an important part of the bankruptcy case. As such, it is strongly suggested that you use the IRS Forms 668-A and 668-W, if possible. This is because they provide a lot of information on the wage levy to aid in the negotiation of the wage levy.  Negotiation can usually be done by contacting the Department of State Tax Department's Wage Levy Coordinator. Asking the Wage Levy Coordinator to Negotiate the Wage Levy As noted above, a wage levy notice indicates that the wages are subject to payment to the Treasury Department via garnishment unless the creditor has a valid “right of prepayment.” These are the specific regulations that the Wage Levy Coordinator is responsible for enforcing. The Wage Levy Coordinator will review the documentation the individual has and then contact the individual to inform them of their right of prepayment. If the debtor fails to resolve this issue with the Wage Levy, the Wage Levy Coordinator will recommend that the employer file the garnishment suit. If an individual does not have a right of prepayment, then the Wage Levy Coordinator will advise the debtor to pay the wages over to the creditor with the proper documents provided to the Wage Levy Coordinator. The Wage Levy Coordinator cannot force the debtor to pay the garnishment. In this case, the Wage Levy Coordinator is not the creditor and would need to be contacted by the employer or the individual to discuss the amount of the Wage Levy. Receiving the Wages With Proper Documentation Once the Wage Levy Coordinator receives the right of prepayment documentation from the employer or individual, it must be brought to the attention of the Wage Levy Director. This is because the Wage Levy Director is responsible for the case. If the Wage Levy Director determines that there is no right of prepayment and the amount of the Wage Levy, due, is less than 5,000 (or more than 10,000 per return) then they will return the money to the individual. However, if there is “sufficient dispute” as to the amount of your salary, then the Wage Levy Director must return the excess to you. Determining the Amount the Wage Levy Is A wage levy is one of several ways to collect unpaid wages and income tax. The most common way relates to the Wage Theft Act. The wage levy is a legal order issued by state or federal law in some jurisdictions to collect unpaid wages, or an amount equal to the amount the other person under the contract owes.

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