If I am making payments to a creditor and have not received any further notice of collection, can they legally capture my state tax refund?

My state tax refund was captured my a medical facility but I have made payment arrangements with them and have never missed one. They did not send me anything letting me know this would happen. Is this legal?

Asked on March 17, 2012 under Bankruptcy Law, Minnesota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless you have a written agreement with the judgment creditor allowing only for monthly installments owed, the judgment creditor can seek other means to satisfy the judgment you owe including, but not limited to levying upon your tax return from your state of residence.

Unfortunately for you, what you have written about seems allowable by the judgment creditor.


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