What to do if mystate tax refundshave been garnished for the last 3-4 years for a debt that my husband incurred before we were married?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if mystate tax refundshave been garnished for the last 3-4 years for a debt that my husband incurred before we were married?
My current spouse incurred a debt before we were married. Now the creditors are garnishing our joint tax refund. Are they allowed to hold me responsible and garnish the refund?
Asked on February 2, 2012 under Bankruptcy Law, Michigan
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
By law, creditors may only garnish the assets of the spouse that incurred the debt. In reality, joint assets are often effected by the judgement: joint accounts are garnished, liens on houses owned jointly, etc. Contact the state attorney general's office regarding having your portion of the refund released. And the creditor as well. Good luck.
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
At this point, your joint income tax returns will be subject to full garnishment because you commingled monies and you probably filed jointly. If this is the case, then you need to discuss the possibility of filing separately and seeing if that will help matters but keep in mind the monies being garnished will still be garnished and it will be still coming out of the marital assets.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.