Can a financial instituion garnish my Federal return?

I live in Michigan and owe a financial institution on an automobile loan. I just filed my taxes for 2006 this year. I received a letter from the bank stating that they have permission from a court order to be able to garnish any bank account and refund I have. Since I’ve received this notice in 2007, will they be able to garnish my 2006 Federal refund?

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3 Responses to “Can a financial instituion garnish my Federal return?”

  1. If they have a court order stating they can have yoru refund until the bill is paid in full. . . yes they can, and if need be, they will take the next year’s return as well.

    Sorry, but no bill goes unpaid in this the decade of litigation.

  2. chatsplas@sbcglobal.net on November 23rd, 2009 at 7:01 am

    You’re not totally clear. Usually a bank cannot touch your refund, unless you give permission. However, back child support, defaulted student loans, back taxes, can and will be taken. Now IF you’re trying to get a refund anticipation loan from Block or Jackson Hewitt, who both use Santa Barbara Bank, the bank may have some agreement and be grabbing something. So when you file, don’t get a loan, have it direct deposited to your own bank account or mailed to you–only takes 2 weeks for DD.
    Talk to these people, and make a deal with them. Set up payment, give them a lump sum from your refund, in return for them reducing th amount of indebtedness–but make sure they agree NOT to issue you a 1099C.

  3. oh yes they can , the court order is all the proof you should need . You had the chance to resolve the garnishment when you where sent papers to appear in court, that was your chance to make pay arrangements , if you did go to court and failed to comply with the arrangement or court order then they garnish your wages or tax return etc.

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