Can a federal or state income tax refund be garnished?

I have currently 2 credit cards with judgements against me; I cannot afford to pay either one. I will most likely have a wage garnishment attempted but I do not make enough money for my wages to be garnished. I have recently closed my bank account and am paying everything through cash or having someone else pay for me and I pay them. But early next year I will be doing my income taxes and will most likely receive a federal and state tax refund. I was wondering if that could be garnished or withheld from me for these debts (I won’t be direct depositing this money)?

Asked on October 28, 2011 under Bankruptcy Law, Connecticut

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, these refunds cannot be directly garnished for credit card debts.. A refund will be sent to the taxpayer and, other than the federal government, a creditor cannot seize such money.  However once these funds are received and deposited into a bank account, then if a creditor has a valid judgement against a debtor, the creditor can garnish such funds (in fact, they can garnish any other non-exempt funds has well).

Note: To the extent that you can do so, just be sure to keep your refund(s) out of your name after you get them. Not using directly deposited is a good first step.


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