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    JerriDoughty101's Avatar
    JerriDoughty101 Posts: 1, Reputation: 1
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    #1

    Mar 22, 2013, 08:13 PM
    Can anyone garnish your federal or state tax return
    Recently my husband received a notice regarding a garnishment regarding a credit card. He currently is not working and is disabled and our bank account in only under my name he is not on the account. If we filed our taxes jointly can this credit card (bank) garnish our federal refund and state or just the state before we get the refund or after it's in the bank?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Mar 23, 2013, 12:04 AM
    If they have a garnishment, and he is putting his money into the bank, they may freeze the bank and prove the money in it, is also his.
    Yes, it could happen.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Mar 23, 2013, 12:47 AM
    The way to avoid it is to file Form 8379 for Injured Spouse Allocation to ensure YOUR part of the refund is safe, then direct YOUR part to a bank account with only YOUR name on it using Form 888.

    Then they cannot touch it.
    The Junoo's Avatar
    The Junoo Posts: 44, Reputation: 1
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    #4

    Mar 23, 2013, 07:33 PM
    In general, your refunds are issued in two ways: paper check and direct deposit to your bank checking or savings account. However, if you have unpaid debts, it is possible that your income tax refund could be garnished. This is a process where all or part of your refund is diverted to a third party, typically a creditor, to satisfy delinquent debts that you have previously failed to pay. Creditors can garnish your income tax refund through a court order. If a creditor has attempted to settle a debt and you fail to respond or refuse to pay, a court judgment may be obtained. The judgment will freeze your bank account and prevent you from withdrawing money. Funds deposited in your account, such as an income tax refund, are frozen and diverted to the creditors who obtained the judgment. SO, as long as he defaults and the creditors obtain a judgement against him then your joint account would be subject to atachment. Now, you can execute an injured spouse affidavit as protection. It should be done in front of a notary and you have to state the legal ownership of the account in the document. Then deliver it to the creditor, file it with county clerk and maybe even to the Judge in the suit brought by the creditor. Then the account should theoretically be free from attachment. Now, I think the best aveue here is to go and get help with the debt, either consolidation or other legal avenues, rahter than wait for the other shoe to drop.
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