My paychecks are being garnished can they take my tax return?

Asked almost 5 years ago - Millington, MI

I have a judgment against me and my paychecks are being garnished bi-weekly, can they take my state or federal tax return?

Attorney answers (2)

  1. Alan D. Walton


    Contributor Level 19

    Answered . Assuming it is a state court judgment, only your Michigan tax refund can be garnished. If any one creditor has received more than $600 within the 90 days before filing a bankruptcy, you can recover those funds. The Michigan Tax garnishment is considered effective at the end of the year, so you would need to file within 90 days of December 31st to recover that amount. I have an office in Birch Run if you would like to discuss bankruptcy options.

  2. A J Mitchell

    Contributor Level 10

    Answered . I presume you are asking if your tax refund check can be garnished, and assuming that is the case, the answer is yes. Your tax refund can be garnished. A bankruptcy might be able to protect the refund check, but you should consult with a bankruptcy attorney if you desire to go this route.

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