What to do if a creditor has mistakenly garnished your tax return?

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What to do if a creditor has mistakenly garnished your tax return?

A local community college is claiming I took a class in 2008 and has taken my state tax return. I’ve never taken a class with them. Ever. In fact I got my BS from a university in 1997. I went to the campus and their registrar can’t even find me in the system. I filled out a petition to make them correct this and give me my tax return back but they’re telling me it can take up to 2 months for the committee to meet and make a decision. I went to the Dean of Students but she’s refusing to do anything. Is there anything else I can do beside wait for them to bother getting around to me?

Asked on February 17, 2011 under Bankruptcy Law, Oklahoma

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you can sue them for the money.  And even though it may take a bit of time to collect, you will have the judgement.  Is the amount under the limit for your small claims court?  Make sure that you can indeed sue them (sometimes with local county or city agencies or affiliated organizations you have to sue them in specific courts) and then do it.  They are going to have to come to court and prove that you were registered there and that they had a right to garnish your tax return.  And they may be so embarrassed (bad publicity is not a bad way to go either) that you will get it sooner.  Good luck.


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