Can anybody PLEASE give me a DEFINATE for sure answer on this?
My husband and i have never been in a financial problem like this, infact i am a little embarassed to even let people know this, but i really need a little advice. For the last few years we have been paying on some small bills we owe from when we were younger and more careless. and we started with the small bills and were working our way up to the larger ones. Well now we are being taken to court by a creditor, and they are sueing my husband.. So my question is, can they go after our income tax? I tried looking on the internet and i found a site someone had asked that but there was one person who said yes and another one said no..I live in ohio... The person who said no said they cant touch your state or federal taxes only for child support and student loans and if you owe them money..Attorneys do not want to answer your questions over the phone, they want you to come in and pay them first..I really need to know this!
- Anonymous1 decade agoFavorite Answer
The answer is maybe,
You did not say what type of debt, that can make a difference.
But it is not likely that they will.
More likely and much more commom on debts, is that they will get a garnishmet on his pay check, up to most likely 25 percent of his pay. and/or they will get an attachment of any bank accounts with his name on it.
Those are the first two things they normally do.
And of course once you file to have the IRS money deposited directly into a bank account, once they get the attachment, then when that money goes in, they get it.
So that is why it is important to appear in court for the hearing, show where you have been making payments and show a plan on paying them off. the judge may approve your plans and not allow a judgement.
- Daz2020Lv 41 decade ago
If you are being sued you need to hire an attorney right away. You obviously aren't trained in the law and will likely lose unless you have some sound legal advice. If you broke your leg would you set the bone yourself or go to the hospital? If you are being sued why don't you go see an attorney?
As for your question, the answer is probably yes. Unfortunately, you did not fully explain the context of the creditor "going after [your] income tax" If the creditor filed suit then sent you a request for production demanding copies of your tax returns then yes you will probably will have to turn them over. If you refuse he will likely go to the judge and ask the court to compel you to turn them over at which point you will have no choice but to do so.
If he is going after your taxes in some other manner then answer might be different. But since you did not elaborate I cannot answer this.
- Anonymous1 decade ago
What you owe can be taken from your assets. If you are talking about a tax refund, that's simply income you should not have paid to the government, and yes, once you have the tax refund, it's an asset that can be taken.
They can also put a lien on any real property you have, and garnish your wages.
There are some exemptions, to prevent you being made homeless and put out on the street, and to protect your children.
Just offer to pay what you can.
- 1 decade ago
How will they know that you are receiving a fed refund? You can receive it , cash it and there is nothing that they can do . They cant and want try to attach a federal check as it want be honored by the federal Gov. The fed gov. does not try to attach A ss check but they can and will attach bank funds so can your creditors. Just keep your cash out of the bank at this point.Aparently you cant afford legal advice, you can check with legal aid they can give you free advice if you are a hardship case.
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- Anonymous1 decade ago
The feds cannot garnish your income tax returns, only for student loans or child support, as you said. However, the state may be able to.
There are attorneys who will speak to you for free (in person) for the first half hour or so. I suggest you see one.
- socialdLv 71 decade ago
If the creditor is a government agency then yes.
If it is not a government agency then for sure they cannot take your federal income tax return, and it would depend on the state for your state income tax but probably not that either.
- upside downLv 41 decade ago
You can post a legal question to : www.lawguru.com and ask their attorneys for free. You'll get up to 4 responses by email.
I hope this helps.
- eatmorec11h17no3Lv 61 decade ago
You're a bit too vague with the situation. More details are necessary to really help you, and that's why you need to speak with a lawyer. Sorry :(
- 1 decade ago
It really depends on who the creditor is. Please provide us with some additional details.