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11-10-2008, 01:18 AM
| | Junior Member | | Join Date: Nov 2008
Posts: 1
| |  Tax refund garnishment???
What is the name of your state (only U.S. law)? Oregon
I have a garnishment against me for a vehicle that was repossessed after my ex-husband took possession of it and did not pay on it at all. They could not find him to go after him, so they are coing after me now. The company hired a lawyer in Portland, that filed for garnishment against me. I do not work, nor do I have any taxable income to my name. My husband does work though, and he claims me as a dependent on our tax returns. Will this lawyer be able to garnish any tax refunds, state or federal, to satisfy this debt? The refund will be direct deposited into an account that has only my husband's name on it, as we have gotten seperate accounts to keep them from taking our money! (I am a full time student, whose only income is VA disability and school funds from the VA). |
11-10-2008, 01:04 PM
| | Member | | Join Date: Nov 2007
Posts: 219
| | Quote:
Originally Posted by andersonkd  What is the name of your state (only U.S. law)? Oregon
I have a garnishment against me for a vehicle that was repossessed after my ex-husband took possession of it and did not pay on it at all. They could not find him to go after him, so they are coing after me now. The company hired a lawyer in Portland, that filed for garnishment against me. I do not work, nor do I have any taxable income to my name. My husband does work though, and he claims me as a dependent on our tax returns. | No he doesn't. You cannot be a dependent on your own return. Quote: |
Will this lawyer be able to garnish any tax refunds, state or federal, to satisfy this debt? The refund will be direct deposited into an account that has only my husband's name on it, as we have gotten seperate accounts to keep them from taking our money! (I am a full time student, whose only income is VA disability and school funds from the VA).
| The IRS will not garnish a tax refund for this. However once it gets into the bank account its fair game for the collection agency to levy.  |
11-10-2008, 03:21 PM
| | Senior Member | | Join Date: May 2004
Posts: 33,549
| | Quote:
Originally Posted by davew128 No he doesn't. You cannot be a dependent on your own return.
The IRS will not garnish a tax refund for this. However once it gets into the bank account its fair game for the collection agency to levy. | Not if the bank account is in her husband's name only.
Federal tax refunds can only be garnished for federal debt, state tax debt, and child support.
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