I LOAN A FRIEND $1,000 DOLLARS SINGED A LOAN AGREEMENT WITH ME AND HAS NOT PAID IT BACK , SO I FILED TO COLLECT THROUGH THE COURTS ,I WON. IT HAS BEEN OVER A FEW MONTH'S SO I FILED TO GARNISHMENT OF WAGES , AND NOW HER WAGES ARE NOT ENOUGH TO GARNISH.... WHAT OR WHERE DO I GO NEXT ,CAN I FILL SOMETHING ON HER TAX RETURN ,SHE HAS NO CAR OR PROPERTY TO PUT A LIEN ON??????
You might consider attaching a bank account - perhpas the one into which a tax refund would be directed, but you'll have some difficulty redirecting her refund directly. Unfortunately, when assets are non-existent, it's very difficult to collect a judgment.
Evan A. Nielsen is licensed to practice law in California and handles federal tax matters throughout the U.S. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.
Family Law Attorney
Collection is always the difficult part. I agree with counsel, you will not likely be able to force the IRS to send the money directly to you. You may, as counsel suggests, want to file a bank attachment to try and sweep the funds. You may also want to retain an attorney to help. Good luck.
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No. Unfortunately, you cannot garnish her tax refund(s). Only a government agency can do that. You can seize any money her a bank accounts but this must be done by court order. Other than that, there is not much you can do. Good luck!