Legal Question in Credit and Debt Law in Missouri

garnishments

can a collection agency garnish income tax returns if you are making some kind of payment to them?


Asked on 12/18/07, 4:03 pm

2 Answers from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: garnishments

A collection agency cannot garnish anything without a judgment against you. A collection agency can only garnish a tax refund if it knows the particulars, and files the proper paperwork. While it can be done, it cannot be done easily.

Most collection agencies try to scare people into paying more than they can. Fight back by going to the FTC website (www.ftc.gov) and learning what rights you have under the Fair Debt Collection Practices Act.

Good luck

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Answered on 12/18/07, 5:29 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: garnishments

No creditor can garnish anything unless they have a judgement first. If they treatened to garnish you before a judgment was obtained, they may have violated the law, and you should hire an attorney to look into it. If the creditor has a judgment and in that judgment agreed to stay execution upon your making installment payments, and if you are making those payments then they have violated the terms of the judgment and you hire an attorney to look into this. Good luck.

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Answered on 12/19/07, 10:00 pm


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