Can a credit card company garnish my tax return?

UPDATED: Jan 20, 2011

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Can a credit card company garnish my tax return?

I owe money to a credit card company who has since sent me to collections and then a legal garnishment place. they garnished my savings account and still want the full amount which includes 2 years almost of interest. I have tried to settle but they want more than I can come up with. I’ve been unemployed for 1 1/2years. If I file my tax return can they intercept it and take it?

Asked on January 20, 2011 under Bankruptcy Law, Oregon


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

Answered 12 years ago | Contributor

No, it cannot. A refund will be sent to the taxpayer and, other than the federal government, a creditor cannot seize or garnish such monies directly.  However, once it is 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).

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