California  |  Tax Law

Legal Question

Asked on: 12/23/05, 11:23 pm

can creditor garnish my tax refund?

Hello,

A private party has a civil lawsuit judgement against me from the court. I am currently unemployed so wage garnishment is not an option for them. The tax season is upon us, which makes me wonder. Does this creditor have any legal way to attach my tax refund with their judgemnet?

Thank you,

2 Answers


Answered on: 12/24/05, 1:10 pm by Donald Field

Re: can creditor garnish my tax refund?

private parties cannot participate in the federal or California tax refund intercept/offset programs, except in the case of spousal, child or family support.

see:

http://frwebgate3.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=44990430443+0+0+0&WAISaction=retrieve

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=4475952254+0+0+0&WAISaction=retrieve

can be


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Donald L. Field, Jr., Attorney at Law 400 Montgomery Street, 6th Floor San Francisco, CA 94104-1217

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Answered on: 12/24/05, 3:47 pm by Gregory Broiles

Re: can creditor garnish my tax refund?

the refund check/deposit cannot be intercepted, but once the money has passed from the government's hands into your hands (or bank account), it's fair game for the creditor.


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Legacy Planning Law Group 4340 Stevens Creek Blvd Ste 160 San Jose, CA 95129

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