Wage garnishment from my tax check

[bambam634]

I am able to receive a tax check this year and was wondering if the garnishee or what not is alowed to take my tax check away from me
thanks so much
josh

[flyinbroke]

Do you have a court judgment against you? Did you default to the IRS, government or federal student loan?

[bambam634]

yes there is a court judgment.. and no it is on a credit card

[treehugger1]

If you deposit this into a bank account, the creditor/CA might levy the bank account.

[jwmc1]

make sure you get a physical check

[frogger]

Who has the court judgement against you?

[bambam634]

so dont do direct deposit ask for a physical check and I am not for sure who exactly or the name who has the garnishment against mw

what makes the diffrence on wether its a paper check or direct deposit i dont follow. how will the creditor know when i deposit money in my bank account
thanks again so much

[frogger]

so dont do direct deposit ask for a physical check and I am not for sure who exactly or the name who has the garnishment against mw

If you don't know who the garnishee is, how do you know that you have one. More info is needed if you want better information.

[flyinbroke]

The creditor will know because the trustee will tell them as it is his or her job to know.

If it is a bank account, it is an asset and will come up on an asset list and they will go through any means to get their hands on it. I am fairly certain that if you have exempt income on an interest bearing account, that ten cents of interest changes the exemption status. They will do anything in their power to ensure they snag any asset you have that is not exempt once a judgment has been passed (and tax returns are not exempt.) As soon as you deposit it, it is fair game as it seems that bank accounts are generally not protected.

And if you don't know who is garnishing, are you sure it is a done deal yet?

[bambam634]

If you don't know who the garnishee is, how do you know that you have one. More info is needed if you want better information.

i am saying i dont know the name of the collection agency i can tell you the name of the credit card company is Chase and the
and

I am deff for sure they are garnishing because there taking 126.00 a week from my pay check

[treehugger1]

Definitions are in order here:

Garnishor: The person who holds (owns) the judgment. This is generally the original creditor. However, the garnishor could be some collection agency who has taken you to court or a collection agency/JDB who now holds the judgment.

Garnishee: The person or entity who must pay the garnishor. If wages, then your employer is the garnishee. If a bank, then the bank is the garnishee.

Here in Oregon a bank garnishment is only in effect for the day the garnishment writ is served on the bank. I believe if the writ is served after 5:00 p.m., then the writ is good for the next business day only. A bank account cannot be "frozen" here. In other states, banks can freeze assets at the request of the garnishor.

I am about to send a certified return-receipt letter to my bank (I finally have a real bank account) and the plaintiff's attorney that declares my bank accounts contain exempt money only. I am including a current writ of garnishment and paystub showing my wages are currently under garnishment and all remaining direct-deposit monies from the pay check are exempt. I will also request the local court clerk to file a copy in my civil case file. I am allowed to have up to $7500.00 in exempt monies on deposit! The $7500 is even exempt from a chapter 7 trustee! If the legal firm were to violate this knowing that my bank account was exempt, then they could receive serious sanctions from the circuit court judge and I could pray for additional actions/monies against the law firm. Knowingly violating a state statute does not go well for anyone here, particularly law firms who violate state laws.

Do your own due diligence. Everyone's situation is unique. Be proactive. Learn and re-learn. Be prepared to make mistakes. Be prepared to exercise your rights under your state laws; each state is different.

[Flamingo]

I am able to receive a tax check this year and was wondering if the garnishee or what not is alowed to take my tax check away from me
thanks so much
josh

I am assuming you mean a tax refund...your federal and state tax refunds can be guarnished depending on the judgment and what state you are in. For instance, I know in NC your state refund can be guarnished if you have a judgment against for for something as simple as owing for car repairs and not paying.