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    chas25's Avatar
    chas25 Posts: 2, Reputation: 1
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    #1

    Dec 19, 2007, 07:31 PM
    Income tax garnishments
    I am a victim of identity theft. The person who stole it has outstanding banking account balances in my name can these banks and credit unions garnish my federal income tax
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Dec 20, 2007, 08:18 PM
    No! You are the victim here, not the banks or credit unions.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #3

    Dec 20, 2007, 08:25 PM
    Possibly. You should consult with an attorney. You should be able to sign some sort of affidavit stating that your identity had been stolen and that the resulting charges and balances were not contracted or authorized by you. An attorney can help you with this. That should relieve you of any liability and prevent any subjugation against you.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    Dec 20, 2007, 08:51 PM
    Agreed!

    However, an attorney should NOT be needed if you file a police report and contact the banks and credit unions to discuss the problem.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #5

    Dec 20, 2007, 11:29 PM
    Nongovernment agencies/companies can't garnish even your property or bank accounts without court order. About federal income tax refund, it is almost impossible for non government agencies/companies.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #6

    Dec 21, 2007, 11:52 AM
    I disagree. It is not impossible (as I did it on a business debt), but it IS very difficult and rather time-consuming.
    Mobea's Avatar
    Mobea Posts: 220, Reputation: 15
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    #7

    Dec 23, 2007, 06:31 PM
    Can my refund be used to pay other debts?

    Under the law, state and Federal agencies refer to the IRS the names of taxpayers who are behind in their support payments, taxes, and loans. Your tax refund may not be refunded to you if you are delinquent in child or child and spousal support payments, have a past due Federal debt (such as a student loan), or owe state income taxes. Therefore, your refund will be used to pay other debts you owe. For additional information, refer to Tax Topic 203, Failure to Pay Child Support and Other Federal Obligations.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #8

    Dec 24, 2007, 01:34 PM
    Already answered!
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