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.
No, a minors bank account can not be garnished, if they are the only person on the account. If this is a joint account and the non-minor is subject to a judgment then it can be levied or garnished.
can a personal person take a tax refund from my bank account if they are already getting my paycheck garnished
A judgment creditor can levy a bank account even if it is joint. A judgment creditor can only garnish income if there is no other way to recover monies owed. A judgment creditor can place a lien against real property but cannot perfect the lien as a forced sale of a primary residence. A judgment creditor cannot seize a tax refund.
garnish their bank account or their wages
There are many Americans who do not have a bank account. If you do not have a bank account and want to receive your tax refund, then you may be able to get a tax refund card. After you file a 1040 tax form online, there are plenty of companies that are willing to offer tax refund cards to individuals without bank accounts. The only problem with these cards is that they can sometimes be rather expensive. A tax refund card can charge high fees. However, a tax refund card is often a better alternative for people than a loan.
Yes.
Yes. The state allows the levy of bank accounts even those held jointly by judgment creditor(s).
Yes, a creditor can garnish a bank account in South Carolina. The creditor will have to obtain a judgment from a court before a bank account can be garnished.
No, a minors bank account can not be garnished, if they are the only person on the account. If this is a joint account and the non-minor is subject to a judgment then it can be levied or garnished.
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NO. In S.C. they can not garnish your wages if you have a judgement of a lien. It will go on your credit report, but no garnishments.
The only way your bank account can be garnished--is if there is an court order. If they took you to court and receive a judgment against you, yes they can garnish your wages. Also, if you were summon to court but did not show up, it will be judgment by default and your wages and bank account can be garnised.
It can be if the garnishment was by a government entity. If the garrnishment was by court order in favor a a private entity it cannot. CAVEAT: If the refund is direct-deposited into your bank account it has then been "converted" to your private funds and the garnishment can be made against assets contained in the bank account.
So you were expecting a tax refund from the IRS after you filed a tax return. Insteasd of getting your refund, the IRS sent you a letter saying that your refund was used (garnished) to satisfy your back tax debt. What is going on? This means that you have a back tax liablility with the IRS and the IRS will take your refund to satidfy that debt. If you got your refund check garnished and you were unaware you owed the IRS, you need to take care of this situation fast. The IRS can start enforced collections against you and go as far as garnishment of your pay and levy your bank accounts. You can find out more at wallysworldoftaxes.blogspot.com.
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Maybe, d/b/a/ accounts are generally subject to a judgment levy if all other information is correct, such as SSN, an address, and so forth. The bigger question may be why is the name different? If is due to a marriage or name change then the judgment is valid and the bank account can more than likely be levied. If it is an error by the plaintiff, meaning they named the wrong person in the suit, the judgment is faulty and cannot be excecuted.
Yes, Texas is a community property state therefore all joint marital accounts can be garnished regardless of which spouse incurred the debt. Accounts held by persons not married, places the burden of proof as to the percentage of funds belonging to non-debtor account holder and would therefore be exempt from judgment levy.