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. ...
Asked in Law & Legal Issues, Credit and Debit Cards, Taxes and Tax Preparation, Debt Collection, Income Taxes, Credit, Tax Refunds
Can a credit card company take your income tax return?
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 deposited. ...
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. ...
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.
What is a writ of execution?
A writ of execution (also known as a writ of final judgment) is an order from the court allowing the judgment holder to attach or seize real or personal property belonging to the judgment debtor. Example, garnishment of the debtor's income/wages. ...
Can the IRS seize a tax refund for a judgment on an unpaid hospital bill?
It depends on which state you live in. All states in the United States have different laws when it comes to who can garnish wages or taxes. ...
What property can a judgment creditor attach if you do not own real property or vehicles and the only money in your checking account is from regular wages?
They can garnish your wages. Texas only allows a judgment creditor to garnish wages if the creditor has no other options available to execute the judgment. A judgment creditor can levy a bank account including a joint account or a joint marital account. Regular earned income (wages) deposited into a bank account are NOT exempt from creditor seizure. The creditor may also seize and liquidate any non exempt assets belonging to the debtor (bonds, stocks, jewelry, livestock, a specified amount of tools of trade, in...
Asked in Property Law
Can they seize your property in a different state from were the judgment was made?
For a state court judgment, no. For a state court judgment, no. For a state court judgment, no. For a state court judgment, no. ...
If a credit card company gets a judgment against you can they take your drivers license?
No. The judgment creditor might take your car and sell it to pay part of the judgment, but your license has no intrinsic value for sale. In addition, the judgment creditor is not permitted to seize your license or ask the state to seize it until you pay the judgment. ...
Can a privately owned entity seize your tax refund to satisfy a debt?
No. Only the IRS can keep your federal income tax refund, and only for unpaid child support or alimony, unpaid federal or state taxes, student loans in default, and any unpaid federal or government debt. ...
Asked in Personal Finance, Loans, Student Loans and Financial Aid, Taxes and Tax Preparation, Income Taxes, Money Management, Tax Refunds, Unemployment
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. ...
Asked in Liens
How do you go about putting lien for business debt?
You need to sue the debtor and if you prevail the court can issue a judgment lien. The judgment lien can be recorded in the land records and used by the sheriff to seize personal property. You need to sue the debtor and if you prevail the court can issue a judgment lien. The judgment lien can be recorded in the land records and used by the sheriff to seize personal property. You need to sue the debtor and if you prevail...
Will the bankruptcy court seize your refund if you had a child tax credit filed in March of 2005 in Mississippi?
Answer No, I doubt it. Taxes are different than income. You get the child tax for having kids, and refunds for overpaying on your taxes.....Taxes which you have to pay on income. It isn't like an inheritance or extra profit. ...
Asked in Income Taxes, Keogh and Pension Plans
Can the IRS seize a pension if it is your only income?
Yes some pension income can be seized by the IRS.
Should you wait to file chapter 13 after tax refund?
Either way they will want a tax return filed before filing for chapter 13. If you are expecting a refund then they will seize it if it is after so to keep the money file first and wait for the return, it will be considered as part of your income. If you owe it is better to know the amount before filing. ...
Asked in Firearms
Can a judgment creditor seize legally owned firearms?
most likely, property is property
Asked in Civil Lawsuits, Civil Process, Civil Cases
What happens if you can't pay a judgment from a civil suit?
If a judgment has been entered, they will find some way of obtaining the money. They may garnish wages, taking a certain amount of each paycheck. They can seize property and sell it. They can seize bank accounts. ...
Can creditors take your federal income tax refund?
Tax refunds can only be seized for tax arrearages and/or child support arrearages, they are not subject to attachment by a judgment creditor. Obviously if the refund is deposited in the debtor's bank account a judgment creditor can levy that account and seize any and/or all funds necessary to pay the judgment. The exception is monies that can be proven to belong to a joint account holder who is not the debtor, and monies considered exempt, such as SS, SSI, SSD. However, each state...
Asked in Taxes and Tax Preparation
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. ...
Asked in Debt Collection, Banking, Foreclosure
Can they seize a bank acoount with someone else name on it on a judgment?
no, not if its also in someone elses name
Asked in Law & Legal Issues, Student Loans and Financial Aid, Taxes and Tax Preparation, Income Garnishment, Income Taxes, Tax Refunds
If your house is va funded and you are behind on payments can the IRS keep your tax return?
The IRS itself has no interest in your tax refund, and they could frankly care less. However, the VA can have a judgment placed on you and seize your tax return for back payments, and the IRS will give it to them. They have to... it's the law. ...
Asked in Civil Lawsuits
What can a creditor do with a final judgment in Florida?
The judgment can be executed as a bank account levy or wage garnisment or liens against real property solely owned by the judgment debtor or to seize and liquidate any unexempt property that is owned by the judgment debtor. ...
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. ...