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No, the seizure of tax refunds both federal and state can only be done with a court order pertaining to circumstances specified under state and/or federal law. An example would be the seizure of the tax refund to pay court ordered child support that is in arrears.
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Answer If the judgment is for state or federal taxes then any refund is subject to seizure by the agency holding the judgment. If it is a credit…or judgment, a tax refund would only be subject to attachment if it were placed in a bank account that was being levied by the judgment creditor.
Answer If I remember right, you can. * No. Only government agencies can seize federal or state tax refunds for matters suc…h as tax or child support arrearages. A creditor or lender would need to execute a judgment against the debtor's bank account if the state laws where the account is held allows the action.
No if it is for creditor debt. Yes if it is for child support or tax arrearages.
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.
Answer Not directly. If, however, they sue for debt owed, they may be able to execute a judgment against the debtor's bank account in which the …refund was deposited. Other options that can usually be used by a judgment creditor to satisfy a debt is income garnishment, seizure and liquidation of non exempt property, lien against real property. All states have a set of exemptions that the debtor can use to protect real and personal property, the most important one for property owners would be the homestead exemption. If a debtor believes themselves to be in a position where they can be sued, they should become informed of their legal rights under the creditor-debtor laws of the state in which they reside.
No. Other government agencies can offset your IRS refund through the Treasury Offset Program, but a private entity (like a bank) cannot.
If its a refund, then there is nothing to be garnished. If you mean unpaid taxes...yes, the irs can and will garnish your wages. They can also wipe out your bank account witho…ut any notice to you. ans Garnishment is not the correct term, but I understand what you mean. The IRS and some other tax authorities can directly re-direct the refund for other debts you may owe them or certain Courts (child support specifically a common one too). Other creditors cannot attach or get the check directly. HOWEVER, as soon as it is deposited, it i no longer tax or governmental in any way, and it is fair game for anyone with a judgement/right to collect the debt.
Presuming you have one coming, if the garnishment isn't by the government, yes.
It can be if the garnishment was by a government entity. If the garrnishment was by court order in favor a a private entity it cannot. CAVEAT: If the refund is direct-deposite…d into your bank account it has then been "converted" to your private funds and the garnishment can be made against assets contained in the bank account.
Pay the bill or appeal the garnishment to the IRS.
According to Ohio Revised Code Section 2329.66(3) you can. I'm tying to find out HOW to go about it though....you probably just have to get a court order to garnish the tax re…fund then send it to the ohio department of taxation before January. The code reads that you can take $400 from the state refund. Here it is: The person's interest, not to exceed four hundred dollars, in cash on hand, money due and payable, money to become due within ninety days, tax refunds, and money on deposit with a bank, savings and loan association, credit union, public utility, landlord, or other person, other than personal earnings.
when a plaintiff files a garnishment against your state of michigan tax refund when is proof of service done and by whom to the defendant?
I had a car that was financed through HSBC repossessed last year. It was repossessed. Can HSBC take my federal income tax refund for this repossession?
No. But a person with a judgment against you may be able to intercept or garnish your tax refund.
No, not directly. But your bank account can be levied by a judgment creditor and any monies including tax refunds can be seized.
An IRS refund can be seized for child support arrearages and/or tax arrearages. And in some cases for repayment of federally funded student loans.