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Can a collection agency garnish my tax return?

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Love, Beal, & Nixon sent me a letter stating that if I was getting a tax return to contact them. I spoke with Judy Greer from their office and she said that I was served papers on May 24, 2006. I sent them a letter disputing the debt on June 6, 2006 and never received anything validating it. Then all of a sudden I receive this letter stating that judgement had been made on this account from Worldwide Asset Purchasing and that I owed in excess of 8,000. Now they are talking income tax garnishment. Can they do that?




kashzan
Posts: 5401
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Sub: #1 Can a creditor take your federal or state income tax refund to p
Tue, 01/22/2008 - 12:41

Can a creditor take your federal or state income tax refund to pay a judgment?





Tax Refund Issue

If the judgment is for state or federal taxes then any refund is subject to seizure by the agency holding the judgment.

If it is a creditor judgment, a tax refund would only be subject to attachment if it were placed in a bank account that was being levied by the judgment creditor.


I would consult with a tax attorney.

taken from an irs website




skydivr7673


Posts: 2044
Credits: 57965.461082155

Sub: #2 were you actually served papers back then? If so, did you answe
Wed, 01/23/2008 - 13:50

were you actually served papers back then? If so, did you answer them, or did you only send the CA a letter asking for validation of the debt? If they did serve you a summons, and you never answered it with the court, then they have a default judgment against you. At that point, they squeaked by because they didnt have to submit proof to you when you didnt answer the complaint.

If you were not ever served, and you are positive of this, then you need to check with the court clerk's office in that county. you need to do this to make sure that there actually was a judgment against you. CA's have a habit often of saying this to scare people into paying. It is illegal to do so. If there was a judgment against you but you were never served, then you can try to get the judgment vacated because of improper service. But at this point, they cannot touch your tax return, and regardless of if there is a judgment or not, they cannot use deceptive statements in an attempt to collect a debt. They are prohibited by the FDCPA--federal law--from threatening to take any action against you that they cannot legally take, and that they arent actually going to take.




Unregistered

Sub: #3 Bank garnishment
Sat, 02/09/2008 - 12:16

We live in South Dakota. Have been dealing with a collection agency here for a year now. Have been making small payments towards our account. Was served papers for a tax disbursement summons. Yeasterday this collection agency cleaned out my bank account. Leaving me with nothing! Wasn't the bank supposed to let me know about this before it was garnished? I just don't think that this was legal. Any advie is very much appreciated.




JCEMT

Posts: 2935
Credits: 19200.4

Sub: #4 Did they sue you?
Sat, 02/09/2008 - 14:19

Did they sue you?




JCEMT

Posts: 2935
Credits: 19200.4

Sub: #5 Actually I was trying to determine if a judgment had been issued
Sat, 02/09/2008 - 17:31

Actually I was trying to determine if a judgment had been issued and if he had the opportunity to represent him/herself in court as due process dictates.




unclewulf

Posts: 3181
Credits: 31502.85

Sub: #6 Looks like our resident troll's back......
Sat, 02/09/2008 - 18:15

Looks like our resident troll's back......




JCEMT

Posts: 2935
Credits: 19200.4

Sub: #7 oops, didn't see who I was responding to. I would have ignored h
Sat, 02/09/2008 - 18:48

oops, didn't see who I was responding to. I would have ignored him otherwise.




Unregistered

Sub: #8 Ugh, me am troll. Pay your bills or you no get cross my bridge.
Sat, 02/09/2008 - 18:51

Ugh, me am troll. Pay your bills or you no get cross my bridge. Ugh.

Me no care bout FDCPRLA, umm, what you call troll leash law? Me troll cowboy, me am smart, you puny debtor am lunch for me troll. Now that me say me is better me go back under bridge until next post.

UGH!




unclewulf

Posts: 3181
Credits: 31502.85

Sub: #9 [directed to JCEMT...]
Sat, 02/09/2008 - 18:51

[directed to JCEMT...]




Unregistered

Sub: #10 I guess no nonsense troll hasn't responded. What an idiot. It's
Sun, 02/10/2008 - 13:54

I guess no nonsense troll hasn't responded. What an idiot. It's like he actually thinks people here give a crap about what he has to say. Maybe if he had something thats not insulting like actually making a point then someone might, *might* respond, but he's made such a ass out of himself I doubt people will now.




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