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a creditor has threatned to take our tax refund to pay a judgment against my husband can they take the whole tax refund including state? They have already garnished his weekly check by 20%. we have four children can they take the child income tax credit too/

2007-01-11 05:40:37 · 3 answers · asked by annmariekriza 1 in Business & Finance Taxes United States

We do not have a checking account. If they get a court order can they take the whole thing or just a portion?

2007-01-11 05:51:05 · update #1

3 answers

Your creditor cannot have direct access to your tax accounts. Unless, that is, if the creditor is the state or federal government OR an agency guaranteed by one of them. So if yo haven't paid your student loans, then YES, your refunds are fair game.

Tax Specialist

2007-01-11 06:24:47 · answer #1 · answered by WealthBuilder 4 · 0 1

Creditors must file a Writ of Garnishment for Income Tax Refunds. Is it possible for them to take all or part of your refund to repay the debt? Maybe. You need to check with your state's garnishment laws or consult an attorney, as your refund (all or part) may be excluded from garnishment.

2007-01-11 15:25:10 · answer #2 · answered by Celeste 6 · 0 0

no they can not. Unless they get another court order. Do they have access to your checking account?

2007-01-11 13:44:06 · answer #3 · answered by golferwhoworks 7 · 0 0

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