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    naninski22's Avatar
    naninski22 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Feb 10, 2012, 11:53 AM
    Is it illegal for a debt collector to garnish my state income tax refund?
    Can a law firm Garnish my MI income tax refund/credit? This is for credit card debt.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Feb 10, 2012, 05:08 PM
    A garnishment requires a court order. A court order requires that a judgment be awarded. So, if a judgment was awarded, the plaintiff the judgment was awarded to may be able to obtain an order to attach your refund.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Feb 10, 2012, 06:10 PM
    As Scott said, if they already have a judgement and the filed to garnish it, yes they may.

    But collection agencies will normally lie all the time, I always advise never ever talk to them on the phone, demand everything in writing.
    fitz11's Avatar
    fitz11 Posts: 1, Reputation: 1
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    #4

    Feb 17, 2012, 03:23 AM
    I was told by a bankruptcy lawyer last week that tax refund checks will be garnished for student loan defaults, back child support payments, unemployment overpayments, and back taxes owed... but credit card/collection companies should not be able to garnish federal tax refund checks even with a court judgement against you (state refunds may vary by state though)...
    They can get a writ of garnishment on your bank account though so if you deposit your tax refund check, they can "freeze" any money in your bank acct over $300... the bank is supposed to not allow anything under $300; so try to cash any large check rather than have it sit in bank acct.
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