Q: Can my tax refund be garnished by creditors who have sued me and obtained an order to garnish my wages?
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A:
Your tax refund can only be garnished by specific types of creditors. Generally, creditors like credit card companies or private lenders who have sued you and obtained a judgment cannot directly garnish your tax refund. However, there are exceptions for certain types of debts.
For example, the government can garnish your refund if you owe back taxes, unpaid federal student loans, or child support arrears. These obligations take priority, and the Treasury Offset Program allows the government to intercept your refund to cover these debts. Private creditors, even with a court order, typically do not have access to your federal tax refund unless it is first deposited into a bank account they can garnish.
If your refund has been deposited into an account where a creditor has obtained garnishment rights, it might become accessible to them. To protect your funds, consider consulting someone who can guide you on strategies to keep your refund safe, such as using accounts exempt from garnishment in your state. Understanding your rights can help you make informed decisions about your financial situation.
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