I received a "Request and Writ For Garnishment (Income Tax Refund/credit). My only source of income is a monthly disability check and a joint checking account with my husband who gets a monthly SS retirement check. We have no other source of income and file taxes jointly. The creditor is after me only. Can the Creditor garnish my income tax refund? My income tax refund consists of an excessive withholding of my disability check, and is there free from garnishment because Federal law makes SS benefits exempt from levy, garnishment and assignment. IS THIS TRUE? What can I do to fight this? Do I file an Objection and list my reasons?

Hello J:

It's an intimidation tactic. The ONLY people who can garnish your income tax refund is the IRS. It IS true, also, that your SS cannot be garnished.

excon

My suggestion would be - if someone is attempting to garnishee your funds - that you and your husband have separate checking/savings accounts. Once the money is co-mingled all that belongs to him or you belongs to both of you and can be attached - at least in NYS.