Can somebody’s income tax refund be garnished without notice for an unpaid student loan from about 12 years ago?
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Can somebody’s income tax refund be garnished without notice for an unpaid student loan from about 12 years ago?
Someone told me that their tax return was garnished for an unpaid student loan from a long time ago, with no warning of any kind.
Asked on February 12, 2012 under Bankruptcy Law, Illinois
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If one has an outstanding judgment against him or her that has been renewed (most judgments are good for 10 years and need to be renewed for another period), the judgment creditor can levy upon the debtor's income tax return without giving prior notice. Once the levy happens but before the money is released, notice is required to be given to the debtor by the levying officer under due process considerations per the laws of all states in this country.
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