Garnishment of tax returns

[Amanda Cole]

The state is Minnesota.
Can the judgement creditor collect from the judgement debtor's tax returns if they know where he works (or worked) and his SS#?
PS I won the judgment in concilliation court .
Thanks,
Amanda Cole

 

[racer72]

No. Garnishments can only be made against taxable income. The only garnishments allowed to federal and state income tax returns are for back child support or upaid state and federal taxes.

 

[JETX]

With all due respect to Racer, I disagree.

In most judgment cases, we are able to garnish the state (if applicable) or federal income tax refunds. This is done by bringing the judgment debtor into court around January 15th and getting a Court Order for them to submit a copy of their tax return(s) to us when they file. Then, if they have a refund coming, we can either garnish directly to the taxing authority (the IRS hates it), or have the Court issue a 'turnover' order for the debtor to forward the refund to the court for payment against the debt.

Amanda, I would suggest you contact the court clerk to see if this is available in your case.

 

[Amanda Cole]

Thank you

Thank you both for responding I will definately call the court clerk and find out.
Regards,
Amanda Cole

 

[racer72]

Guess that is what I get for calling the IRS. My answer is the reply I got after 25 minutes of phone tag with 4 different folks at the IRS answer line.