CAN SMALL CLAIMS COURT JUDGEMENT GARNISH THE IRS TAX RETURN

Asked over 1 year ago - Medina, OH

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??????

Attorney answers (3)

  1. Peter Stephen Kirner

    Contributor Level 16

    2

    Lawyers agree

    Answered . 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.

    The above information is not, nor intend to be, legal advice. You SHOULD consult an attorney for specific advice... more
  2. Andrew Michael Korduba

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . 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!

  3. Evan A Nielsen

    Contributor Level 18

    1

    Lawyer agrees

    Answered . 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.

    Good luck.

    Evan A. Nielsen is licensed to practice law in California and handles federal tax matters throughout the U.S. The... more

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