Legal Question in Civil Litigation in Florida
I have a judgement against a individual in the state of Florida . I was wondering if you could garnish their tax refund, and if so what is the form or procedure.
Asked on 1/11/13, 12:12 pm
2 Answers from Attorneys
Barry Stein
De Cardenas, Freixas, Stein & Zachary
You can garnish one, but you have to catch it when owed and before it is paid. Unless you know when the tax return is being filed, it is almost impossible to do. If you mean Federal Tax return, you would have to jump through so many bureaucractic hoops that it would be near impossible to accomplish. A State or Local tax refund would be easier. You have to do a motion for writ of garnishment and then have it issued by the clerk and have that served by the Sheriff.
Answered on 1/11/13, 12:18 pm
David Slater
David P. Slater, Esq.
You must first domesticate your foreign judgment in Fla.
Answered on 1/11/13, 1:10 pm