CAN DEBT COLLECTOR TAKE TAX REFUND?

CAN A COLLECTOR THAT HAS A JUDGMENT AGAINST ME TAKE MY HUSBANDS TAX REFUND IF HE FILES A JOINT RETURN?THANK YOU

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Jan 22, 2011
 Can Collector Take Tax Refund
by: Debt Collection Answers

Thanks for getting in touch.

A tax refund can be intercepted (taken before it's paid to a consumer) only when the debt being collected is a past due federal student loan, a tax debt that is owed or unpaid court ordered child support. However, if the tax refund money is deposited in an account that is held by you and your spouse, then the debt collector would be entitled to go after the funds in that account to collect on the judgment against you.

I recommend that you schedule a free consultation with a bankruptcy attorney to find out what your options are for dealing with the judgment. If you file for bankruptcy, the judgment cannot be enforced while you are in bankruptcy, and depending on the nature of the judgment and the kind of bankruptcy you file, you may even be relieved of your obligation to pay the judgment. At the very least, filing for bankruptcy will provide you with an opportunity to figure out how to deal with the judgment and help you protect as many of your assets as possible from the collector with the judgment. Best of luck resolving your problem.

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