Can a creditor take my income tax refund if they are garnishing my wages as well?
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Can a creditor take my income tax refund if they are garnishing my wages as well?
Asked on January 24, 2013 under Bankruptcy Law, Michigan
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Your income tax cannot be garnished by a private creditor (like a credit card company). If the creditor is a government agency collecting for a government debt (like student loans) or a child support obligation, then yes, they could go after your income tax refund.
Even though a private creditor cannot get to your income tax refund directly, if they have a garnishment order for your bank account, then they could go after those funds. You may want to cash and hold your income tax refund if this is a concern.
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