Legal Question in Credit and Debt Law in Pennsylvania

It's hard to say without knowing who has the judgment against you. If it's the U.S. government or the IRS, then they will certainly take any refund you would normally get -- even if it's payable to you and your wife as joint filers. Additionally, if you are in child support arrears, your local Domestic Relations section can also nab your refund directly from the IRS before it arrives in your mailbox or bank account.

If the judgment creditor is someone else, though -- like a credit card company -- they cannot intercept your tax return before it reaches you. They can, however, generally garnish your bank account with a judgment, so if your refund is direct-deposited into a bank account, you may have a reason to worry. My advice would be to get your refund the old fashioned way -- by check in the mail (if that option is still even available). Otherwise, it might be worth opening a new bank account at a bank you don't already use, just for purposes of having your refund direct-deposited there. Yes, it's jumping through hoops, but it's a good way to protect your tax refund from the judgment creditor's clutches.

Hope this helps. If you'd like to further discuss your situation, feel free to contact me offsite. Best of luck to you.

Cary B. Hall, Esquire

Law Offices of Cary B. Hall, L.L.C.

121 East Chestnut Street, Suite 205

Souderton, PA 18964

T: (267) 663-9995

F: (215) 525-4364

[email protected]

http://www.carybhall.com