Can my tax return refund be taken by a creditor?

Asked almost 5 years ago - Alachua, FL

I had to voluntarily turn in my car due to inability to make the payments. I can't imagine ever being able to pay it back, as I am struggling to keep a roof over my children's head. Can the creditor take my tax refund?

Attorney answers (1)

  1. Dennis Michael Phillips

    Contributor Level 17

    Answered . All a creditor can do initially is sue and get a judgment. The judgment empowers a creditor to do several things in order to collect. Follow this link for some helpful info on debtors' rights from the Florida Bar:

    http://www.floridabar.org/tfb/TFBConsum.nsf/0a9...

    Also, review Fla Stat Chapter 77 regarding garnishments. Since this is outside of my practice area, I don't know whether a Florida writ of garnishment would be honored by the IRS before it gets paid to you. However, I am pretty sure that once that money hits your hands or your bank account, then Florida collection laws would kick in and those funds could be subject to levy or garnishment.

    Dennis Phillips, Esq.
    www.inawreck.com. Negligence is no "accident" (TM)
    Member: Million Dollar Advocates Forum, Mensa, Florida Bar, American Association for Justice, Florida Justice Association, Palm Beach County Justice Association, Broward County Justice Association

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