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Can I stop a garnishment and my tax refund being taken?

Knoxville, TN |

Currently my paycheck is being garnished and my refund from my taxes has been taken. How can I stop this? This is from non repayment of student loans.

Attorney Answers 3


Yes, contact the current servicer of your loans and enter into their "rehab" program. Usually, you have to make direct payments in a certain amount for a year. This will stop garnishment and seizure of any refunds.

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Once a lender has you in the corner like this, you may have to reassess your priorities in order to resolve this issue. I am confident you will not be happy with any offer you may receive from the lender. The only other option might be a Chapter 13 bankruptcy, where you could have up to 5 years to structure a repayment of this debt.

Hope this perspective helps!

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1. Full payment of student loans.

2. Set withholding to aim at zero potential annual refund, or a few dollars above that level.

3. Chapter 13 bankruptcy

Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.

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