Legal Question in Credit and Debt Law in Virginia

items that can be garnished

What are my options in garnishing someone for their debt to me? I have received judgment. I wonder if garnishing income tax returns can be garnished.


Asked on 1/31/06, 10:50 pm

2 Answers from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: items that can be garnished

I have heard conflicting things about garnishing

a STATE tax return in Virginia. I have heard

that you absolutely can do it. The trick is

finding what office to "SERVE" the garnishment on. One time I spent a couple hours trying to find what office to "serve" the garnishment on,

without success. The bureaucrats kept telling me that it couldn't be done. However, that might just mean they don't know about it.

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Answered on 2/04/06, 8:13 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: items that can be garnished

The seizure of a debtor's tax refunds is generally, I believe, reserved to governmental entities who are owed a debt by the debtor(or are in charge of a debt owed to a person who has assigned her/his rights to collect such debt to the governmental entity). However, as a judgment creditor who has obtained a valid and enforeable judgment against your judgment debtor, you may certainly garnish(or levy) against such debtor's identified bank account funds or salary wage earnings once you have applied for and received the appropriate legal authority and documents from the court having jurisdiction over the matter.

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Answered on 1/31/06, 11:21 pm


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