"my husband had a non wage garnishment for an old american express. They garnished our checking account. Can they take our income taxes

Yes, but it is NOT likely.

The creditor has to petition the federal court and get a court order, which is then submitted to the IRS and your state tax department. All this takes time, and if you file and get the refund before the court order hits the IRS, the IRS will NOT come after you for the already-delivered refund.

The entire process can be defeated by adjusting your withholding to have NO refund when you file your return, which is why few creditors even bother.