Is a court allowed to take the money from my income tax refund to pay for damages i caused of car accident, even though I’m willing to work out some sort of payment plan?

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Is a court allowed to take the money from my income tax refund to pay for damages i caused of car accident, even though I’m willing to work out some sort of payment plan?

There was nobody involved since I hit 2 parked cars and caused a bit of property damage. I was not under the influence, I just lost control.

Asked on February 5, 2014 under Accident Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, they can do this:

1) You income tax refund is not protected from being levied or executed on, the way that, say, social security income is protected--it is subjecdt to being taken.

2) It doesn't matter if you're willing to work out a payment plan--a payment plan is voluntary, and the other side does not need to agree to let you pay over time.


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