I was sued can they take my income tax ?

Asked almost 5 years ago - Indio, CA

i was wrongfully sued and the court doesnt have my correct address soo i never got the papers and i dont have the money to drive to file a appeal or to pay to file the appeal can they collect take my income tax ?

Attorney answers (3)

  1. Steven Alan Fink

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If there is a judgment against you, they can get a court order requiring your income tax refund to be turned over to the judgment creditor.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

  2. Henry Daniel Lively

    Contributor Level 20

    Answered . Yes, if you have a judgment against you your income tax refund is fair game. The court wants judgments it renders to be collected.

    Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

  3. Alan James Brinkmeier

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Unless you agreed otherwise (like on a credit application, for instance) you have to be served with papers before anything can be done in the court. Good luck to you.

    God bless. Check with a local CA lawyer.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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