How to garnish state and federal income tax refunds?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How to garnish state and federal income tax refunds?
I am the plantiff in a small claims case; a judge agreed to a stipulation that the defendant would pay me $100 a week and sign over both her state and federal income tax checks. The defendant is not paying me at all. What is the best option I have to guarantee that my money is given to me? Is it possible to garnish her tax refunds? If so, how do I do that in small claims court? Also, how do I but a garnishment or levy on her bank accounts?
Asked on January 18, 2011 under Bankruptcy Law, Rhode Island
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You need to go back to court first and show the court (i.e. judge) that the defendant is not abiding by the order. In some states all you would get is some sort of warrant for her arrest with a bench amount being the amount owed. If she gets a ticket for something and the police run her license, it will show up. Otherwise, you still need a contempt judgment from the court and then see if the court can now order her bank accounts to be garnished (be prepared with proof she has accounts). As far as tax refunds, you need to contact the IRS and see if you are eligible as now a creditor to garnish indirectly through the defendant's bank account (I don't believe direct garnishment is available). However, the same may not apply to state taxing authorities, through whom you may be able to give notice of wage garnishment prior to a date certain.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.