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Generally garnishment occurs only in cases where a loan or other debt is, or has been, in default. (Although I've heard of cases where parents volunteered to have child support garnished so they didn't have to worry about missing a payment.) There are only a few types of debt that can be legally garnished: alimony and/or child support, student loans, and deliquent federal taxes.

The payment terms of your loan should be clearly defined and specifically include the amount and date the payments are due. Garnishing your refund while your account was current would be demanding payment before it was due. If you are not currently in default and have never been, then there is no reason to assume your tax refund would be garnished. However, if you've previously been in default and not brought the loan completely current, they might garnish the portion still in arrears.

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Q: Can your tax refund be garnished if federal loan not in default?
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Related questions

Can your tax refund be garnished because of your wifes student loan?

In the U.S., the answer is Yes if you file jointly. I assume your wife's loans are in default. If she needs help getting out of default, contact Default Management Services.


If you are making you monthly payments on your student loan can you still get your income tax at the end of the year?

If you are not delinquent with your student loan, your federal income tax refund will not be garnished.


Does your school have to contact you before using your federal tax return as payment on your loan?

If your loan is in default the Feds will take your refund. The Feds will send you a letter.


Can Federal tax return be garnished for student loan?

yes - it can be garnished for any federal obligations


Can federal tax refund be taken to satisfy default car loan?

Not at the IRS, but once it's sent, it loses it's identity.


Can my husbands wages be garnished if I default on my student loan?

Not if he did not cosign on the loans.


Can federal tax refunds be garnished for past due student loans?

If they are under 180 days late, you should be ok. If over 180 days delinquent, then you are in Default and may have your tax refund applied to your student loan balance.If you need help getting out of default, or getting a garnishment lifted, then contact Default Management Services, Inc. for help. You can Google the name for a phone #. Ask for Doug, he is knowledgeable.


If I'm currently being garnished by student loan company can they also take my income tax refund?

If it is a govet' insured or guaranteed loan, yes.


How much of your paycheck can be garnished for a federal student loan in Texas?

The Federal guideline is 15-25% of your paycheck.


Can your federal tax refund be garnished if your spouse has a federal loan outstaning in PA?

In the USA, if your Federal Student Loans are in default, then your original lender was paid 97% of your loan value by a Federal Guarantee Agency. Guarantee Agencies are basically insurance companies. When your lender was paid off, the Guarantee Agency took ownership of your loans. Guarantee Agencies have the right by law to keep any Federal Income Tax return money that is owed to you. They also have the right to garnish any wages and to garnish Social Security benefits. If you need help getting out of default and getting off of the tax offset list, click on my profile, StudentLoaner, below.


Can your state refund be taken by a federal loan?

yes they can take it for that


Can your student loan take your federal tax refund?

YES