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Can I sue a debt collection attorney for offsetting my income tax refund without if it was not a state debt?
Anonymous3 views3 answers
My husband passed 3-10-14. He did not have a will nor did he have any assets. I filed a joint, married
tax return for 2014 and my state refund of $210 was offset. I received a letter from the state of Ohio listing the reason for the offset as a small balance owed to the state and a Ohio Attorney General office. I contacted the attorney generals office and they gave me the name and number to the attorney collecting the debt. I called the attorneys number and was told that $133 was garnished for a medical debt for my husband incurred in 2004. We did not marry until 2008.
cott Russell NeedlemanBankruptcy AttorneyColumbus, OH ·
A question? Are you disputing the validity of the debt? Has a statute of limitations possible run? Was there a revived judgment making he debt valid? If any of these things could dispute the validity of the debt, you could attempt to recoup. Also, you could attempt an innocent spouse exception. Is it too late to amend your tax return to single? i am not an accountant but just an outside the box thought.
Because a joint tax return was filed, they had the right to keep the refund. Because he will not appear on your future tax returns, it should not be a problem going forward.
I am sorry for your loss.
The return was still a joint return, the presumption is that each filer owns 1/2 the refund. I suppose you can file for innocent spouse relief with the IRS, but there is no claim you can make against the collection attorney, he did what the law authorizes him to do.
