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If the creditor is a government agency, then yes.
If the creditor has not won a court settlement to garnish your wages, then no.
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In Texas can a judgment be used to seize an income tax refund?
No if it is for creditor debt. Yes if it is for child support or tax arrearages.
How do you seize a personal tax refund after obtaining a judgment against the person in new york state?
A judgment creditor cannot seize a refund, that action is only available to the IRS, state tax agencies or state child support enforcement agency. The judgment creditor would need to levy the debtor's bank account, garnish income or enforce the judgment by other means allowed by the laws of the debtor's state.
In Texas can a creditor judgment for an unpaid phone bill be enforced as a wage or tax refund garnishment or a bank account levy?
A judgment creditor can levy a bank account even if it is joint. A judgment creditor can only garnish income if there is no other way to recover monies owed. A judgment creditor can place a lien against real property but cannot perfect the lien as a forced sale of a primary residence. A judgment creditor cannot seize a tax refund.
Can a judgment take your tax refund?
AnswerThe IRS only seizes personal tax refunds when there are tax arrearages or court ordered child support arrearages.The IRS does not have the power to withhold personal tax refunds for creditor judgments.ACTUALLY THE IRS CAN HOLD YOUR REFUND FOR CREDITOR JUGDEMENT DEPENDING ON THE AMOUNT OF THE DEBT AND IF THE CREDITOR CONTACTED THEM THE YEAR BEFORE IT ALL DEPENDS ON THE TYPE OF CREDITOR
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.
Can a creditor or individual use a judgment to garnish a debtor's federal and state tax refund?
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.
Can the IRS take you tax refund if you have a defered student loan?
If it is in deferred status, they will probably not take your tax refund. If your student loan is delinquent, then they will be seize your refund and put it toward your debt.
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.
Can a creditor seize your bank account with a tax refund from your pension?
While there may be some limits or restraints on seizing a tax refund or pension (and probably not as much as you may want to think), once any of these items are deposited into a bank account they lose their identity and are like any other funds. It is only while the tax is with the IRS, or while the pension is in the actual IRA or 401K (or such), that it has any protection.
Is it just government agencies that can put a tax refund garnishment against you?
In general, yes. If you owe the government money, they can seize your tax refund to pay down that debt. Private companies cannot do this.
Can tax refunds be witheld for hospital bills?
No, only the state or federal government and affiliated agency's (like banks holding unpaid student loans) can seize your tax refund. If you put that refund in a bank then it is fair game at that point.
Are there any other circumstances where a judgment debtor can seize a tax refund other than a child support debts or tax debts?
Any government debt...not just taxes.
