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Ray, Lawyer
Category: Legal
Satisfied Customers: 36337
Experience:  30 years in civil, probate, real estate, elder law
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I am trying to find out if I can garnish a tax refund on

Customer Question

I am trying to find out if I can garnish a tax refund on money owed on rent that was ordered garnished in court to me
JA: What state is this in? And just to clarify, when was the purchase made?
Customer: indiana
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: not that I can think off. I have clients that owe me around 5000 each and each will have garnishments ordered thru the court system in Indiana
Submitted: 2 months ago.
Category: Legal
Expert:  Ray replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.

No IRS will not help you garnish tax returns for such a civil judgment.Your best bet here is to schedule a debtor exam in the court where judgment is seeking to have the debtor appear and testify to bank accounts and any other assets.Then you have right through the courts to garnish the actual account by court order and force sale if they have say a jet ski or other assets here.

Expert:  Ray replied 2 months ago.


  • Garnishment of wages. This allows us to take 25% of a person's take home pay (after standard deductions). A garnishment lasts 6 months or until the debt is paid-in-full. Garnishments are stacked by employers based on timely filing. Therefore, it is imperative to actively pursue these if you know where he is working.
  • Non-Wage Garnishment. This is a bank attachment. The bank is ordered to pay to the court the amount in the account up to the amount of the judgment.
Expert:  Ray replied 2 months ago.

Debtor’s Examination: Questions to Askthe Individual or Business

You should arrive at your hearing with a list of questions to askthe debtor in attempt to collect your judgment. Be sure to think about the answers tothese questions. This may help you create additional questions

In a debtor's examination, you can ask the debtor:

  1. What is your home address?
  2. What is your home telephone number? Cell phone number?
  3. Are you married or do you have registered domestic partnership? a) If so, what is the first name, maiden name, and last name of your spouse or domestic partner?
  4. Do you live in a leased apartment? A single family home? A condo? A mobile home? What’s the address?
  5. If you live in a single family, home, condo, or mobile home, do you own it?
  6. If you live in a leased apartment, who pays the rent? To whom is it paid?
  7. Is it paid by check? Is your rent/mortgage up to date?
  8. Do you have any boarders or subtenants? a) If so, what are their names and how much do they pay you each month?
  9. Do you have a vacation home, recreational vehicle, or boat?
  10. What’s your occupation?
  11. What's your social security number? (Note: this is a question that legally does not need to be answered)
  12. Are you presently employed? a) If so, by whom? b) At what address? Where is the payroll office located? c) What's your work telephone number? d) What's the name of your supervisor? e) What's your gross salary? What's your net salary? What payroll deductions are made?
  13. Do you receive commissions? a) If so, when are you paid? b) How much is owed to you now?
  14. Do you have any part-time employment? a) If so, please explain.
  15. Is your spouse or domestic partner employed or in business? a) If so, what's his or her salary? What is the address of his or her workplace?
  16. Do you own any stock or any interest in the business where you work? a) If so, please explain.
  17. Do you or your spouse or domestic partner have any checking or savings accounts? a) If so, what is the name of the bank branch, and what are the account numbers and present balances?
  18. Do you, your spouse, or domestic partner have a driver's license? For what state? What are the driver's license numbers?
  19. How did you get here today?
  20. What is the year and make of your car? Do you own it? Is it financed? By whom? What is owed?
  21. Do you have any credit cards? Can you get a cash advance on any of those cards?
  22. What type of retirement accounts do you have? Are you able to borrow against your retirement account?
  23. Do you have life insurance? Is it a whole life policy?
  24. Do you have any property, personal effects, cash, or other assets that you've not yet mentioned? a) If so, please explain.
  25. Do you understand that as long as the judgment remains unpaid, it accrues interest at the rate of 10% per year? Do you also understand that as long as the judgment remains unpaid, it is probably damaging to your credit rating? Do you understand that if the judgment remains unpaid, I have the right to examine you again in 120 days?
Expert:  Ray replied 2 months ago.

See page 21-22 for more self help about this.

Thanks again I appreciate the chance to help you today.Good luck to you.

Expert:  Ray replied 2 months ago.

If you can 5 star rate when we are done it is much appreciated.

Thanks again.

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