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Can a creditor or individual use a judgment to garnish a debtor's federal and state tax refund?
Wiki User
∙ 17y ago
If I remember right, you can. * No. Only government agencies can seize federal or state tax refunds for matters such 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.
Wiki User
∙ 17y ago
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Can a creditor take your federal or state income tax refund to pay a judgment?
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 creditor 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. I would consult with a tax attorney.
With a judgment lien can a tax refund and bank accounts be garnished?
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 creditor 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.
If you have two debtors seeking garnishments are they both allowed 25 percent of your pay or a total of 25 percent combined?
Judgment creditor garnishments must run consecutively. The creditor who received and executed the judgment first will be paid before another creditor can garnish the debtor's wages. If federal garnishment is used rather than state then it can be a maximum of 25% of disposable income with the first weekly based $154.50 exempt from garnishment. Please be advised, if there is child support deduction order in place it takes priority, with the primary judgment creditor's garnishment still valid but secondary in collection.
How do you know if your tax refund will be intercepted?
You will receive a judgment from the creditor a year before they intercept only your state income tax. The judgment will say income tax intercept on it. A federal agency can intercept your federal taxes also.
Can more than one creditor garnish your wages in mo?
Judgment creditor garnishments must run consecutively not concurrently this is applicable in all US states including Missouri. *Child support deductions/garnishments and garnishments for federal and/or state tax arrearages are not "true" garnishments and can be implemented at the same time a judgment creditor garnishment is active.
Can they credit card companies sue you and take your Social Security Insurance?
A creditor can file a lawsuit against a debtor who has defaulted on a contract. But, all Social Security benefits are exempt under federal law from creditor garnishment. This does not mean that if the creditor sues and receives a judgment against the debtor they will not have other means of executing the judgment to recover the debt owed.
Can a creditor garnish unemployment benefits in South Carolina?
No, a creditor cannot garnish unemployment benefits. Under Federal law, unless it's a judgment for spousal or child support, neither unemployment nor worker's compensation can be garnished.
Can long term disability payments be garnished?
Not by a judgment creditor. They are subject to garnishment for child support, federal tax arrearages and in some cases spousal maintenance (alimony).
When a creditor levies your accounts and does not get all the money owed can they garnish your wages in the State of Pennsylvania?
Pennsylvania does not allow wage garnishment for creditor debt. However, the judgment creditor can renew the bank levy and continue to attach the account until the debt is paid or until the judgment levy becomes invalid. The debtor who has his or her account levied, should research all the state, (and in some cases federal) statutes/ laws concerning the action to determine if the judgment levy is, indeed valid.
How long does a creditor have to file for a judgment?
The time limit for a creditor to file for a judgment depends on the statute of limitations in the specific jurisdiction or on the type of debt. It typically ranges from 3 to 10 years from the date the debt became due. It's advisable to consult with a legal professional to determine the exact time limit in a particular case.
Can a pension be garnished for a credit card debt?
All Social Security pensions and benefits are exempt from creditor judgment by federal law. Military pensions, federal government pensions are also exempted from creditor attachment. Private pensions are regulated by the laws of the state in which the person resides, therefore they may or may not be subject to garnishment.
Can short term disability by garnished?
Not by a judgment creditor. They are subject to garnishment for child support, federal tax arrearages and in some cases spousal maintenance (alimony).
