If I won in small claims court against an ex who owes me money but she doesn’t work enough to garnish wages, canI get some of her tax refund?

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If I won in small claims court against an ex who owes me money but she doesn’t work enough to garnish wages, canI get some of her tax refund?

My ex owes me money. We went to court and came to an agreement on payments shed make to me, this was documented by the courts. She never paid, so we went back to court to garnish her wages. She has started college again and only worked 10 hours per week during this time so the garnishment order was sentbut nothing happened because she didn’t make enough. With tax refunds coming up, am I able to get what she owes me ( proven in the courts) taken from her tax refund? She has not made 1 single payment to the courts at all for our agreement.

Asked on January 17, 2012 under Bankruptcy Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your "ex" has money coming for state and federal tax refunds, you can levy upon the state entity (Franchise Tax Board in California) and the Internal Revenue Service Center in your state that is closest to where you reside as to the judgment debtor's tax refund.

As with all levies, you will need to get all of your paperwork in order and the levy issued by the court clerk where the judgment was entered. You then will need to get a sheriff's deputy to do the levy.


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