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    colorado367's Avatar
    colorado367 Posts: 1, Reputation: 1
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    #1

    Jan 13, 2010, 09:25 AM
    Judgment assessment
    My wife has a judgment against her for a Medical bill before we were married. (She has attempted to work out payment plan to no avail, but that is another matter) She does not work and is attending school. After a levy on our joint account I have removed her from all accounts and her name is not on our house.

    I have two questions:
    Can a levy be assessed against a jointly filed income tax return?

    Can a levy be assessed against her incoming student loans? Specifically the portion of the student loan deposited in my account to pay for text books and parking.

    Please note we are not trying to get out of this judgment, but necessity (and lack of co-operation from collection agency) is delaying resolution.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jan 13, 2010, 12:57 PM
    Quote Originally Posted by colorado367 View Post
    Can a levy be assessed against a jointly filed income tax return? .
    The IRS has a form. I believe it's called an "injured spouse declaration", or something like that. I don't know if a non-governmental entity like a collection agency can levy on your tax refund, but in any case that form should head it off.

    Quote Originally Posted by colorado367 View Post

    Can a levy be assessed against her incoming student loans? Specifically the portion of the student loan deposited in my account ...
    No, the account is no longer hers.

    The loan amount can possibly be garnished before it is dispursed to her, but that's really doubtful, and I wouldn't worry about that.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #3

    Jan 13, 2010, 02:40 PM
    Quote Originally Posted by colorado367 View Post
    My wife has a judgment against her for a Medical bill before we were married. (She has attempted to work out payment plan to no avail, but that is another matter) She does not work and is attending school. After a levy on our joint account I have removed her from all accounts and her name is not on our house.

    I have two questions:
    Can a levy be assessed against a jointly filed income tax return?

    Can a levy be assessed against her incoming student loans? Specifically the portion of the student loan deposited in my account to pay for text books and parking.

    Please note we are not trying to get out of this judgment, but necessity (and lack of co-operation from collection agency) is delaying resolution.
    As AK Lawyer explained, there is a form you can fill out that may or may not help you and as far as I'm aware, tax refunds cannot be intercepted by non-government entities.

    And unfortunately, it's not "lack of co-operation from collection agency" which got you into this mess. It's your wife's fault; the time to work out a payment agreement is before a judgment is placed, not after. Once they receive that judgment, there's nothing stopping them from using any means possible to collect on the full amount that was awarded to them.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jan 13, 2010, 02:53 PM

    There is a process that can attach a refund, but its complex and most creditors will not bother.
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