Can a creditor take your income tax refund?
Question Details:
I voluntarily returned a truck 9 years ago. Now the finance company is threatening to take the money out of my income tax or settle for $4,000. Can they take it out of my income tax?
Yes and no. They cannot simply divert the refund to themselves, but IF they have a judgment against you, they could then either get garnish income (and that would count as income) or get a lien on your bank account and access the money once it's deposited. So there are ways that a bona fide creditor with a judgement against you could reach the money.
After nine years though, it may be too late for them to do this--it may be past what's called the "statute of limitations," which is the time to sue. You might want to consult with a local attorney, bring any and all documentation related to the transaction, and see what you liability might be.
