Tulsa, OK asked in Tax Law and Collections for Arkansas

Q: We need help understanding Arkansas Code 26-36-301 as it applies to our specific situation.

We are on a payment plan to the University of Arkansas for an amount that was overpaid to my husband during his employment at the UofA. We’ve received notification that this debt will be collected in its entirety from our tax refund (should we get one) regardless of the fact that we have a steady payment plan previously established. Do we have any grounds to dispute this?

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Chad Silver
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Answered

A: If there was judgment on the balance owed against you it would be very difficult and costly to dispute. The smartest way to handle that would be good tax planning to ensure you have no refund coming back at the end of the year for the creditor to intercept. If you can ensure the tax withholding from your pay-stubs are proper along with estimated tax payments, it is likely no money can be intercepted.

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