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Roger, Attorney
Category: Business Law
Satisfied Customers: 31765
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I heard theres a way to garnish wages from a debtors tax

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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:


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

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