Legal Question in Tax Law in California

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,

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

2 Answers from Attorneys

Donald Field Donald L. Field, Jr., Attorney at Law
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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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12/24/05, 1:10 pm
Gregory Broiles Legacy Planning Law Group
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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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12/24/05, 3:47 pm

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