Legal Question in Credit and Debt Law in New York

garnishments

i have a garnishment against me for a credit card i owe money. i am unemployed since april and receive less than new york state requires for them to take money out of my check per decision from court papers. i file married filing jointly for income tax. can they take our tax refund if we are eligible for one?


Asked on 2/09/09, 7:20 pm

1 Answer from Attorneys
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: garnishments

They cannot garnish your income tax refund. However, if you put the income tax refund in the bank, they can restrain you from removing the funds, and have the money removed to them from a property execution.

Converting the money to a bank account makes it vulnerable.

You could just cash the check.

Have you ever considered bankruptcy.

If you have, please feel free to contact me.

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Answered on 2/11/09, 10:48 am


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