Was the refund being deposited to a Capital One account or are you using Capital One to process the refund in any way(such as withhold preparer fees)?
Does Capital One have a judgement against you (you said set up with their lawyers)?
Did you agree to allow capital One to access your bank account to make the monthly payments (and maybe allow them to take past due amounts) ?
Do you want this question to be moved to the legal category ?
Thanks for the additional information.
Greetings,
In the circumstances that you have described, Capital One can not have the IRS deposit your refund or have your refund offset before you get it. Only government agencies can get refund offsets. Banks can not get IRS refund offsets sent to them.
What they can do (if they have been through the process) is to take any funds from the account as you have said they tried to do before. That is, once you deposit your refund check it might be able to be taken.
Of course, since I am not an attorney this is not a legal opinion. I hope this helps.
Best regards.
Enrolled Agent
I have prepared individual, trust, partnership, and corporate taxes since 1987.
Although not a computer expert, I can print by using my right click of my mouse and choosing print.
I hope this helps.