I have a judgement against me from the Bank of America. The district court ordered that my Michigan State tax refunds be sent to their attorneys, and it has been for 2 years. I went through Chapter 7 Bankrupcy last June. I don't have any documation, and my lawyer will not return my calls. The bankrupcy should wipe the judgement clean. I did not file my state income tax in 2010, and I will not file my 2011 until I am sure that the money will be deposited in my account and not sent to the judgement attorney firm. I am owed money by the state for 2011 & 2012.
I cannot get any answers from the state tax office or from the law firm that the state sends my money to. What do I do? I do not want file my state tax return until I'm sure the money will de directly deposited into my bank account. Please help.
1 Answer from Attorneys
The money should be deposited in your account. If a garnishment is outstanding and the lawyer does not return the funds to you, then you could sue him for violation of the bankruptcy stay in bankruptcy court and also potentially sue the attorney for a violation of the Fair Debt Collection Practitces Act.