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Can Nco financial really take my tax return if i owe on a student loan?

West Plains, MO |

I owe about 3,000 on my student loan and I'm currently already making monthly payments on it. Just found out they took my 657.00 tax return, nothing written and haven't been called about them taking it. is that even legal? Can they do that and if not what can i do to get that back. I guess im just putting wishful thinking into use here. Thank you

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Attorney answers 2


Student loan collectors have a pretty cozy relationship with the IRS because the student loans are usually federally insured. Usually, they only take your refund check if payments are delinquent.

I have never seen any of them give advance warning of their intention to take the refund check. Usually the IRS will just send you a letter of explanation after the fact.

Hope this perspective helps.


Call the IRS helpline at 800-829-1040. If you don't get an answer call the Taxpayer Advocate Service toll-free phone number: 1-877-777-4778. Tax refunds can be garnished for student loans but that is all I know about it. Let me know what you find out.

Disclaimer of California Attorney
Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract.

Good Luck starts with a strategy and a plan.

Robert J. Suhajda, MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA 90701

Tax Relief Lawyer. Former financial auditor and controller. Admitted to US Tax Court, Income Tax, IRS representation, Fiduciary income tax returns, Estate and Gift tax returns, Homeowner Association Strategist.

As a strategist, I analyze and integrate the operations, reserve study, budget, and financial statements into a unitary plan for 1 – 5 years, utilizing my experience as
a former treasurer and vice president of a homeowners' association and corporate
controller and auditor, to minimize homeowner association dues.

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