How to Garnish Tax Returns

Garnishment is a legal procedure where a creditor can automatically collect a percentage of a debtor's wages or his tax return to satisfy a debt. In many states, garnishment is used to fulfill support orders, such as court-ordered child support and alimony payment. Many states also permit creditors, such as credit card companies, to garnish a debtor's tax return and wages.

Instructions

How to Garnish Tax Returns

1

The creditor must send a letter to the debtor's last known address stating the amount of debt owed while specifying that the creditor intends to apply for a garnishment order from the court if the debt remains delinquent. Creditors typically give debtors 30 days to appeal the debt, deny debt liability, pay, or make arrangements to pay the debt owed.

2

Apply for a court-ordered garnishment by filing a request with the court. Typically, the creditor files the petition at the nearest courthouse located to the creditor. However, creditors can also elect to file the request for garnishment in a court where the debtor resides.

3

Collect money to satisfy the debt. Once a judgment is made by the court, the debtors bank accounts will be frozen, preventing the debtor from removing any money. The creditor will then be entitled to collect any money in the debtor's bank account, garnish future tax returns and garnish a portion of the debtor's wages to satisfy the debt owed.