Small Claim Judgment

Periodically, I am forced to take individuals in the state of California to small claims for lack of payment. When I am awarded judgment the defendant is given 30 days to challenge the decision of the court. Once the 30 days expires I then have the right to take action to secure judgment. Now my question, is there any possible way to attach an individual's federal tax refund? I have had clients literally come into the office and laugh saying that I can't get anything. They job hop and trying to garnish wages isn't feasible because they are changing jobs all the time. I can't attach a bank account because they don't have one. None of the individuals own homes, so an abstract of judgment is out of the question. The majority of the people literally skip on my company and thumb their noses knowing that they can move on without having to pay. Mind you, these aren't individuals that are low income, but people who have a joint income of $40+ annually. If there is some way to attach their refund then maybe they won't try to rip off other people in the future. Any help is greatly appreciated.

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Lien judgements -- there are both state and federal income tax returns:



Try these for federal:

http://www.irs.gov/prod/bus_info/tax_pro/irm-part/part05/35401.html


http://www.irs.gov/prod/bus_info/tax_pro/irm-part/part05/35401b.html



And also try the california section:Code of Civil Procedure §§689.030, 697.320, 695.221

Small Claims Judgment

Lawrat, thanks for the information. I now have a direction that I can go in.

Unfortunately, I don't think Federal law allows one to attach a Federal tax return. Some states allow state refund attachments, but you really have to think first about doing this. Best bet is to go with the 2 sistes you wre referred to. Believe me, in my business I wish I could attach Fed. income tax refunds!