Income Tax Garnishment

Can a creditor take your federal or state income tax refund to pay a judgment?





Tax Refund Issue

If the judgment is for state or federal taxes then any refund is subject to seizure by the agency holding the judgment.

If it is a creditor judgment, a tax refund would only be subject to attachment if it were placed in a bank account that was being levied by the judgment creditor.


I would consult with a tax attorney.


taken fron an IRS web site

If the collection agency is collecting from a student loan or some type of government debt such as the IRS, child support.. then the answer is yes.

What kind of debt is this, credit card, unsecured or secured debt?

ladybug

It is a credit card debt from Direct Merchants Bank who I have found out to be affiliated with the malicious Worldwide Asset Corporation LLC. I received a letter from that stated that judgement had been reached back in '06 in excess of $8,000.00. What should I do?

They can not touch your irs refund

I believe your answer is above in Kashzan's post. They would have to take you to court and win a judgement against you. I would consult a tax lawyer though...have you received court documents?

the first thing you should do is substantiate their claims. They just told you that they obtained a judgment against you--you need to know for certain if this did in fact take place. If they got a judgment, and you have no knowledge of it ever going to court, you need to check into how the summons was served. You may have a case to have a judge vacate the judgment because of unlawful or improper service. You really need to start at the beginning on this one. It is not uncommon today at all for CA's to claim they have a judgment when they dont--it is illegal, but they do it anyways.

That's the first thing I would check into--make sure that there even was a judgment to begin with. If there wasnt, then they just violated the fdcpa because they are not allowed to use deceptive means like that in a collection attempt. The funny thing about it to me is this-I could be wrong but in a real judgment, they dont need to come to you anymore and ask you to pay. They have the court on their side, and they can move ahead with asset seizure, wage garnishment, etc etc etc. Also, I dont see why they would have waited two years to finally say "hey, we won a judgment against you, now we want our money". It just doesnt seem right to me.

i owe on a student loan in which i am paying on it each month,can the irs take money from my income tax check.

If it was a federal student loan, yes they can. If it was from a private source, then you would have to go to civil court to be garnished. The IRS can garnish on any federal or state debt that's owed--so if this loan was from Sally Mae or any other federal source, then they could easily do this.

Isn't there a toll free number to call to see if there is any kind of pending payment due that will be taken from your income tax refund?
If so does anyone know what that number is?

Can any creditors granish a person's income tax ?

Please feel free to look at the information above to find your answer.

My wages are currently being garnished for student loans. Will my income tax refund be garnished as well?

Denise...probably since you are not in voluntary repayment.

can irs garnish a disputed student loan?

It is very difficult to dispute a student loan as they are easily verified. But yes, if it is in default, taxes will be taken.

What type of dispute?? Need more info?

DSS is garnishing my taxes, does anyone know what the form is called so my wife can file as a 'crippled spouse' so she can collect her half of my return?

can they garinsh your state income tax if you do paper form or efile

How do i know that the letter I received is a legitamate letter?

It is not crippled spouse...it is injured spouse that you would file.

i have a credit card debt from target nantional bank, i am in the process of filing bankrupcy and have received a request and writ for garnishment of incom tax/credit.i am affraid to file my taxes if they will garnish my taxes and can they take federal and state taxes???

Only thing they can garnish is wages. Unless the debit is federal in nature (IE owed back taxes, student loans, and the like) they are not suppose to get income tax return.

I would contact your bankruptcy attorney.

You can call the U.S Treasury Offset Call Center at 1-800-304-3107 to see if your taxes will be garnished.

[QUOTE=Anonymous;470492]You can call the U.S. Treasury Offset Call Center at 1-800-304-3107 to see if your taxes will be garnished.[/QUOTE

What is the grounds of your dispute? That is the key....most dispute hold no validity.

could The irs take your whole income tax if u old 622.00 from a student loan

dont no what you mean

Quote:

:rolleyes:If you have defaulted in a bank loan can they take your tax money?

i have a defaulted student loan. last year my state tax refund was garnished and not my federal tax refund. is it possible that the same thing will happen this year as well?

Call the Treasury Offset Program number and find out 1-800-304-3107

Quote:

Hey if anyone needs a deleted link for filing their income taxes they can get one at this link. No doubt this can help somebody here!

If you want an extention, do it directly thru the IRS, not some 3rd party company.

If you need an extension of time to file your Federal income tax, it's really easy to do. Here's how:

First, do not pay anybody to file it for you. You can do it yourself in minutes, for free.

Second, don't be taken in by some company claiming that they have an 'in' with the IRS that will guarantee your request for an extension is approved. All requests for extension of time to file are automatically approved.

Ready? OK...

To file an extension request by mail, go to the IRS website, and download Form 4868. Fill it out, and mail it in.

To e-file an extension request, got to the e-file page on the IRS website. Click on 'Individual Taxpayers', and read on.

Voila! Instant six-month extension.

My wife has defaulted student loan she had recieved prior to us getting married. If we file a joint income tax return can it be garnished. Also I was the only one working.

Yup, it can be garnished. Doesnt matter when the debt originated. You would need to submit the injured spouse form.

i did my taxex with H&R block and did the rac check thing through the hsbs bank. on the contract you have to sign it says all kinds of stuff about paying back debt if you owe them. when i asked my tax tax consultant she said no they just mean like back taxes or school loans things like that. so i signed, and now people are telling me they can keep it over this judgement they have against me witha credit card debt. i've asked every one even the irs doesn't know. but tax lady tells me it will be ok. i'm so stressed out can somene give me a real answer soon before i go insane.

Did you deposit said check, or only cash it? There's a difference.

They cannot hold your income taxes for judgement. The only thing that your tax return can be held for is student loans, child support or past taxes or any other federal debt or obligation.

Yes there is. The Treasury Off Set Progam Call Center. The number is 1800 304 3107.

Can a student loan creditor like great lakes for example, Force you to pay on a loan? here is the quick story........... I didn't know my student loans were in default I just found out in December So i set up payment arrangments with the creditor over the phone..When I filed my takes they took it.....But I don't have a job i live in low income apartments and my child support is only 200.00 a month....... Second Question........Can they take my money if I don't have no income to support my kids I am in a hardship right now..........bad............