If there was a judgement against my husband for an individual account, can they take away our joint taxes for repayment of the debt?

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If there was a judgement against my husband for an individual account, can they take away our joint taxes for repayment of the debt?

This concerns a medical debt. My husband has no wages to garnish. He collects disability; we had just had to file for bankruptcy.

Asked on April 27, 2012 under Bankruptcy Law, Arkansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you and your husband recently filed for bankruptcy protection, most likely your bankruptcy attorney listed the judgment against your husband as a debt that could be discharged. Pending the bankruptcy proceeding unless there is leave from the automatic stay concerning it, the judgment creditor cannot levy upon your tax refund even though absent the stay the judgment creditor would have been entitled to levy upon the tax refund due both you and your spouse.

I suggest that you consult with your bankruptcy attorney as to the effect of what the recent bankruptcy filing does with respect to your judgment creditors and their ability to levy upon your assets.


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