If a tenant left the premises without paying back rent, can I put a lien ontheir tax returns?

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If a tenant left the premises without paying back rent, can I put a lien ontheir tax returns?

Either State or Federal. Tenant is not employed.

Asked on August 13, 2010 under Real Estate Law, Wisconsin

Answers:

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

Answered 11 years ago | Contributor

You have missed a step.  You need to obtain a judgement against them first.  But even as a judgement creditor with a court ordered judgement you can not attach a person's tax return, state or federal.  They are not by their nature transferable so they can not be levied.  The state and federal government are an exception under set-off programs.  However if they deposit the tax returns in to their checking account you can levy on the account. You can also levy against personal assets with the help of a Marshall or Sheriff. Seek legal advice in your area on the steps you need to take to obtain the judgement.  Good luck.


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