You are here:

Collections Law/account garnishment

Advertisement


Question
Can credit card creditors garnish tax refunds?  I will be out of work.  No money in bank account to garnish.  However, we will get irs refund.  I will let my wife have it deposited in her account in which I am not on her account and we live in state of New York.  Can anyone touch that tax refund?  My understanding is that they cannot garnish from my wifes account if I am not on it.

Answer
Hello James:

If it is as you say and there is no crossing of either name onto either account, it should be safe.  This also assumes the debt is not tied to a bankruptcy fraud, tax lien, child support, student loan or other government regulated debt.

Credit card companies would also need a judgement in place as a basic starting point before this even becomes a question.

Thanks,
Regan

REMOVE BAD CREDIT - SEE PROOF - www.ficofighter.com

Collections Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


Regan Shinski

Expertise

I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit credit reporting.

Experience

Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports. Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry. I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA). I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage. In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.

Education/Credentials
BA University of Minnesota

©2012 About.com, a part of The New York Times Company. All rights reserved.