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    ajazzy7's Avatar
    ajazzy7 Posts: 1, Reputation: 1
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    #1

    Jan 8, 2007, 11:56 AM
    Income tax garnishment
    I have recently had a wage garnishment filed against me.When I file my taxes this year, will they be able to garnish my income taxes? I always heard the could only do it if you owe back child support or student loans...
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Jan 8, 2007, 01:57 PM
    Yes, they WILL take any tax refund if you owe back taxes.

    Further, the states and the IRS cooperate in such matters, which means that if you owe the IRS money, the state will eventually be informed and they will send your state tax refund to the IRS as well. The reverse is also true.
    TowandaJones's Avatar
    TowandaJones Posts: 2, Reputation: 1
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    #3

    May 10, 2007, 03:22 AM
    Yes, the best thing to do would be to wait to file your taxes, pay the garnishment. If you owe any state taxes they will always grab your income first. If your student loan is not in default they won't take your refund. So if that is the one your not being garnished for contact student loan and get a defferment. Last but not least, if you know your getting a return don't file until you get all this straight... you may pay a little penalty, but it should not be much.:)
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    May 10, 2007, 01:15 PM
    If he is due a refund, then he owes no tax and therefore there will be NO penalty for filing late.
    Bubbles00's Avatar
    Bubbles00 Posts: 1, Reputation: 1
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    #5

    May 15, 2007, 07:34 AM
    I spoke to State Tax and Revenue Dept. and they told me they were going to garnish our wages for non-payment of back taxes. We defaulted on our agreement to pay because of other financial responsibilities. How much are they allowed to garnish? What %?
    jverner's Avatar
    jverner Posts: 22, Reputation: 2
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    #6

    May 15, 2007, 07:52 AM
    Quote Originally Posted by ajazzy7
    I have recently had a wage garnishment filed against me.When I file my taxes this year, will they be able to garnish my income taxes? I always heard the could only do it if you owe back child support or student loans...
    It depends - if your state is prosecuting the case, then it can get your tax refund. If it's a private case, then not.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #7

    May 16, 2007, 01:47 PM
    Your tax refund CAN be garnished for certain court awards as well.
    msnailz's Avatar
    msnailz Posts: 1, Reputation: 1
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    #8

    Jan 29, 2008, 08:15 AM
    I recently received a call from a company that has taken over my student loan. I am in a program where once I make 9 payments this debt will be taken off my credit report. I will start making payments next month. Will my income tax be taken if I file right now??
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #9

    Jan 30, 2008, 09:10 AM
    Probably!
    Heusin's Avatar
    Heusin Posts: 1, Reputation: 1
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    #10

    Mar 4, 2010, 05:16 PM

    May a private business which I a disability-assistance recipient in Ontario am suing in small-claims court garnish my tax return if/when a judgment against myself (, e.g. in the form of a counter-suit, and/or "costs")?

    BTW, my record there is 4-1-1... most settled out of court. But the last one, a tie, left me wondering the above.

    And, many years ago, the Ontario legal-referral system directed me to a free half-hour consultation with a financial lawyer who then pro bono convinced the federal government to not garnish my return for a small unpaid student loan... but which remains on their books "in the event of a change" in my financial standing.
    rantinraven23's Avatar
    rantinraven23 Posts: 2, Reputation: 1
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    #11

    Feb 6, 2011, 06:45 PM
    Stop the IRS from garnishing your tax refund using tax form 8379. For help filling out the form see : http://www.infobarrel.com/File_Form_8379_to_Recover_Tax_Refund_Losses
    shawno's Avatar
    shawno Posts: 1, Reputation: 1
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    #12

    Mar 20, 2012, 11:11 PM
    If I have a wage garnishment should I contribute more to my thrift savings plan?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #13

    Mar 21, 2012, 09:18 AM
    ANY garnishment of tax refunds can be defeated by adjusting your withholdings (which includes increasing your TSP contributions) so that you have to pay when you file your tax return.

    If there is no tax refund, the garnishment action is useless.

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