I have a court judgement against me for a vehicle repo. I am now married and did not work so my husband wants to claim me on his taxes. Also I am not on his bank account which the refund will be deposited into. We are concerned that they will garnish both the state and federal, is that possible?
Private debtors are not able to seize your state and/or federal income tax refunds directly from the state and/or federal governments. However, once the refund is deposited in your account, it becomes available for a creditor who may timely attempt to seize monies from your bank account.
Filing a joint tax return does not impact on that. However, to "belt & suspender" your positions, possibly you can file as the taxpayer and your husband as the spouse, making your SS# the first on the return, not his.
In MICHIGAN, a creditor CAN intercept your tax refund by applying for and receiving a writ of garnishment to be served on the state treasury. Therefore, the answer from the non-Michigan attorney is incorrect. Please be advised that you only have 14 days to contest this writ.
For the future, you should discuss having your husband file as an innocent spouse with your accountant or tax preparer. For more information about innocent spouse relief, please see the IRS link below the disclaimer.
DISCLAIMER: This answer is provided as general information, which may not be appropriate for the specific facts of your particular situation. No attorney-client relationship has been established based on this limited communication. You are advised to consult with an attorney in your jurisdiction before taking any action or inaction that may affect your legal rights. www.hecklerlawoffice.com
You sort of implied it, but didn't say it directly, that the repo problem was before your marriage?
The refund would be his claiming you for the support he provided you?.
I'm having trouble seeing their attack from your separate, pre-marriage debt just because you are now married.?
Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.
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