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clydehawkster · Jan 30, 2008, 04:38 PM

I recently received a request and writ for garnishment (income tax refund/credit) it is for a credit card through the dentist office. They debt is in my name, and I am currently not working, is there a way they can take my spouses refund if we file jointly? Also my daughter receives SSI and I am the adult on her accounts, do I have to file with her and if so will this credit card company garnish our returns?

We live in Michigan and I know all the states are different. I thought that only government related debt was garnishable of the refunds. Please help, we sort of rely on this income, and can't afford it being withheld. Thanks:confused:

Brenok · Jan 30, 2008, 07:38 PM

Will your refund be a paper check or direct deposit? Is there any mention of potential income tax refunds on the writ - or the request - in other words, are they asking you to declare your assets and does it cover tax returns? I know they can garnish money in your checking account in most states, but if you receive a paper check, you can likely cash it unless it is a declarable asset for the garnishment. I doubt that your daughter's accounts are attachable for your debts. You might want to call the court clerks office and ask, or do further research on this site and others about tax returns. I wish you the best.

George_1950 · Jan 30, 2008, 09:04 PM

Look at the garnishment paper carefully and see if it is directed to either your bank or an employer; what you have may be your service copy. If the garnishment is against your bank and your refund goes to the bank, then the bank may pay the refund to the court. Just to be careful, you may want to have your refund, joint or individual, sent to you by check. If the garnishment is against your bank, do not deposit the check into that bank. Go to another bank and open a new account; when your refund comes in, deposit it there.
I don't understand what you are asking about filing with your daughter.

excon · Jan 31, 2008, 04:31 AM

Hello clyde:

The credit card company can't collect on your tax refund. However, the bank doesn't keep track of what a particular deposit is, so once it's in your account, they'll take it. Getting it back is going to impossible.

The best advice is to make sure those tax refunds (or ANY refund) DON'T get into that account.

excon

Brenok · Jan 31, 2008, 09:09 AM

If you only have deposits from retirement or social security benefits, you can notify your bank that those funds are not releasable and file an exemption declaration with the court if there is a judgment - but the account must be used only for those funds with no other deposits. Suggest you cash any other checks, including refunds, in the future.

ScottGem · Jan 31, 2008, 09:16 AM

As noted, a credit card debt (what do you mean through your dentist? ) can't attach income tax refunds, at least not until the finds are in your bank account. They can attach any asset you are listed as joint owner on. So if you are joint on your daughter's account you need to inform the bank that the only funds deposited in that account are your daughters SSI which are exempt from attachment.

Helpman · Feb 3, 2008, 08:57 PM

Get the paper check, when you get the check simply go to the check cashing place and cash it.

SmartCookie · Nov 16, 2010, 10:17 AM

That is incorrect. In Michigan, a creditor can garnish a state income tax refund. There are a few exceptions, but it is up to you to prove that the money falls into one of those exceptions.