I have a civil judgement against me. Will my tax return be intercepted?

Private Creditors Cannot Seize Your Refund Like collection agencies, private creditors (credit card companies, hospitals, etc) are not legally permitted to garnish your tax refund. Once your tax refund hits your bank account, however, the money is fair game for a bank account levy. Bank account levies aren’t permitted in every state, but if your state allows the practice, a private creditor can sue you, obtain a judgment against you, and use its judgment to seize your tax refund from your checking or savings account after you deposit it. The Fair Debt Collection Practices Act states that its illegal for a debt collector to threaten any action to which it is not legally entitled – this includes threatening to intercept or garnish your tax refund. If you can prove that a collection agency threatening to take your tax refund, you have the right to sue them. This answer is based on a unverified third party source but it sounds right to me. As to your wife, you need to keep your separate property separate otherwise commingled property can be seized. You should see a PA lawyer if the amount is material to you. Disclaimer of California Attorney Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract. Good Luck starts with a strategy and a plan. Robert J. Suhajda, MS,CPA Attorney-At-Law 17721 Norwalk Blvd. #43 Artesia, CA 90701 562-924-8922 Former financial auditor and controller. Admitted to US Tax Court, Income Tax, IRS representation, Fiduciary income tax returns, Estate and Gift tax returns, Homeowner Association Strategist. As a strategist, I analyze and integrate the operations, reserve study, budget, and financial statements into a unitary plan for 1 – 5 years, utilizing my experience as a former treasurer and vice president of a homeowners' association and corporate controller and auditor, to minimize homeowner association dues.

If their is a civil judgment against you, the Plaintiff can garnish any bank accounts or other assets that you have that are solely in your name. If the refund goes into a joint account, the joint account cannot be garnished if the judgment is only against you. If the judgment is against both you and your wife, then a joint account could be garnished. You should consider further discussing the matter with an attorney in your area.