What would you like to do?
Do you have to send the credit card company your deceased mother's income tax refund like they say you do They say they contacted the IRS to have it sent to them but the check still came to you?
DO NOT send them the IRS refund check under any circumstances. An IRS refund is considered an asset and should be relinquished to the probate court as such. If the state does not require probate procedures in this specific case, contact the IRS office for instructions on the proper procedure concerning the refund. Do not endorse the check or attempt to cash or deposit it in an account. Answer And file a FDCPA complaint against the credit card company that told you that.
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How do you stop random credit card inquiries like the ones who send credit card applications in the mail saying 'you've been pre-approved based on your credit rating'?
Stopping Unsolicited Credit Card Applications Here is advice: * The Fair Credit Reporting Act also entitles you to contact each or all of the maj…or credit bureaus (and Innovis, a fourth credit bureau) and request them to stop sending you card solicitations and related offers. For more information, call 888-5OPTOUT (567-8688). * The major credit agencies all sell aggregate credit information to any bidder. Direct mail and credit companies generate mail based on demographics including zip code, income band and credit payment patterns. Stopping this is easy. You just need your address, former address within two years, and social security number. One call does it all for agencies Equifax, Trans Union, Experian and Innovis. Dial 1-888-5 OPT OUT (or 1-888-567-8688) 24 hours a day. * You can also opt-out online at optoutprescreen.com (although it may take a few months before you see the results of your request to remove your name). * One note: when you call 888-5OPTOUT, they'll ask for your Social Security Number. Normally, of course, you want to be careful not to give your Social Security Number to anyone, especially if they call or email you (rather than you calling or emailing the company, bank, etc.), but it's OK to give it out when you call 888-5OPTOUT.
No, neither federal nor state tax refunds are subject to creditor garnishment or seizure. Tax refunds can only be seized or garnished for, taxes that are due, child support, f…ederally funded student loans and in some cases spousal maintenance (alimony).
A creditor cannot seize a federal tax refund, but the creditor can file a lawsuit and if they are awarded a judgment they can levy the bank account in which a tax refund is de…posited.
Your mother's estate is responsible for paying her debts. Her debts must be paid before any property can be distributed to her heirs. If the debt is greater than the value of …her estate, then her creditors are out of luck. You should consult with an attorney who specializes in probate who can review your situation and explain your rights, obligations and options.
Yes, certainly. Anyone can garnish any asset you have, as long as they have a court order to do so. That's what protection from search or seizure without due process of …the law is all about. In this case, due process would involve you being served notice that the case was going before a court (giving you the chance to tell your side of the story), and the judge either will, or will not give the order to garnish. One thing for sure, if you don't appear, you lost.
Usually on Friday am
Yes, if they obtain a judgment and file for a garnishment of your state tax refund.
If it has been mailed, then less than a week. Of course, the Postal Service is unpredictable. Sometimes they can take a month to deliver an ordinary letter across the street….
If you owe a credit card company and your credit report says that the account is charged off do you still have to pay the debt?
Sorry to disagree with the previous poster. You do indeed still have to pay. A charge off is a term used by the original creditor to indicate the debt is being removed from th…eir books. That is done for tax purposes, so it can be claimed as a loss. The account will be sold to a third party who will then pursue payment in full collection. If an agreement cannot be reached, the collection agency may resort to legal remedies, in other words a lawsuit. It also depends on the age of the "last activity" on the credit card. Each state has a statute of limitations on collections, anywhere from 4-7 years. If the statute has expired since your last activity, the amount is no longer collectible by the company, tho it will remain on your CR for 7 years. Word of warning: If you want to pay it off, get a letter from the creditor first stating that they will remove the trade line "charged off". If they don't, your payment is new activity, and the negative credit, tho reflecting "paid", will remain for an additional 7 years. ---- I agree with the prior answer noting the 4 & 7 year statutes I work in the pre-legal department of a collection agency.From the last activity it will remain on the report for 7 years ,so if it was here for 6 years and you decided to make a payment your 7 years of credit reporting starts all over again.There is a 4 year statute of limitations for suit, after 4 years from last activity a creditor can call you all day long but they can use no other means ie a law suit for judgments for a wage garnishments or property leins to recover the debt.
You must apply to the court for authority to act for the payee's estate. The funds belong to the decedent's heirs and the court must determine who they are.
I love you how much you care about her etc Dude, asking this question the day before Mother's Day shows desperation, is halarioius, and that is the reason I chose to answer …question. Just put some of the classic cliche lines in such as, "to the best mom in the world", or "to the most loved mom in the world", or the highly original "I love you mom", and make sure to put on some decorations. She will like a homemade card that comes from the heart, no matter how crappy and cheesy it is.
Contact the tax agency (state or federal) that was supposed to issue the refund and ask if the check made payable to you was ever cashed. If not, it can be re-issued - if it w…as, ask them how to proceed since you allege that you never received it.
Answer No. The judgment creditor can, however, execute the judgment as a wage garnishment or bank account levy or any other methods allowed unde…r the laws of the state.
I think you should call IRS 1800-829-1040
They can, and are actually required, to submit your debt to the IRS. If they have written the debt off, it is essentially income to you. It is as if they gave you the amo…unt of the debt. Which means that you have to pay income tax on that income.
You might be able to get a partial check. It all depends on how much you owe. I called the IRS hotline the other day to ask the same question and I was told they take wh…atever you owe out of that check and then send you the remaining amount.