can i garnish his tax refund?

[sistermarycindy]

What is the name of your state? arizona
i have a judgement in nevada i am trying to collect. the defendent and i both live in arizona but work in nevada. i tried to garnish his wages but he has too much garnished already for child support and our employer will not set it up. i recorded the judgement in our county hoping to put a lien on his property. my question is can i garnish his state and/or federal tax refund if he has one coming?
thanks for any advice!

 

[JETX]

"can i garnish his state and/or federal tax refund if he has one coming?"
*** It is possible in most cases to do a third party levy or garnishment for tax refunds, but it is not a simple process and may need the services of a local attorney. Do a search of the archives on this forum and you will find a post I did several months ago showing some of the process.

 

[I AM ALWAYS LIABLE]

My response:

No. You are not a taxing authority, or other State agency; e.g., Child Support Enforcement.

So, why don't you file for a "Judgment Debtor Hearing"? That way, you get to send him interrogatories concerning his financial affairs, and personal property ownership, and real estate ownership. Then, when you get him into court on the hearing, you can review all his answers while he's under oath. Further, you can have him remove all of his jewelry, empty his pockets, take his wallet, his watch, his cash, and anything else of value that he might have hidden in his shoes (that's right, you can force him to remove his shoes!) right there in front of the judge, and take everything of value.

If that isn't enough to cover the debt, then you can levy against his car, his bank account and other personal or real property he might have.

IAAL