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If I'm already being garnished can they take my tax return?

Columbus, OH |
Filed under: Tax law

I live in Ohio and I have a garnishment on my paycheck for originally a credit card. Last year before the garnishment was in affect they took anything above 400 in my checking and all of my savings right after tax time. I want to know the likelyhood if they will either have directly sent to them or if they will take it once its deposited into my checking account.

Attorney Answers 3


If you owe money on a judgment and the judgment is valid, the creditor can levy your account as you have seen. If you deposit funds into the account (from where ever including your tax refund) they could take it if they levy the account at the right time. I would advise that you don't have the tax refund deposited into that account or any account for that matter.

This is not legal advice nor intended to create an attorney-client relationship.

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Usually, it is "anything above $400" or something similar because they use a means test. The refund will likely be considered money you have in excess of your living expenses, and will be taken.

Christopher Larson
Insight Law

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The creditor can levy on your account once it is deposited.

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.

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