How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Roger Your Own Question
Roger
Roger, Attorney
Category: Business Law
Satisfied Customers: 31018
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
6704987
Type Your Business Law Question Here...
Roger is online now
A new question is answered every 9 seconds

I heard theres a way to garnish wages from a debtors tax

This answer was rated:

I heard there's a way to garnish wages from a debtor's tax return if you have a money judgement from a court. Is that correct and if so how do I do that?

Hi - my name is XXXXX XXXXX I'm a Business litigation attorney. Thanks for your question.

 

Unfortunately, federal law only allows state and federal government agencies (not individual or private creditors) to take one's tax refund as payment toward a debt.

 

However, once the refund is deposited into the person's bank account, these rules no longer apply. Therefore, the only thing you could do is issue a bank levy/garnishment against the person's bank to try and capture the tax refund.

 

This is difficult to do unless you know exactly when the refund will be issued and deposited. If you can guess that/figure that out, you can issue a restraining notice to his bank. Your county likely has a form like this one: http://www.blumberglegalforms.com/forms/412.pdf

 

You can fill out the form or have an attorney assist you and try to capture the funds in the bank account.

Roger and 6 other Business Law Specialists are ready to help you

Related Business Law Questions