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CAN SMALL CLAIMS COURT JUDGEMENT GARNISH THE IRS TAX RETURN

Medina, OH |
Filed under: Tax return

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

Posted

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 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.

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Posted

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 regarding your individual situation. Based on this response no attorney-client relationship has been formed. If your matter is in Cuyahoga County or surrounding counties, we invite you to contact us. Please visit our website at www.kirnerandboldt.com. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time and attorney-client relationship is formed. Attorneys in this firm are only licensed to practice in the state of Ohio and have no specific information as to the laws and rules of other states and none of the information provided is intended to be applied to the laws of other states.

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Posted

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!

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