How Do I Request a Writ for Garnishment of Income Tax Refund in the State of Georgia?
I have already filed the suit and have a judgment. Also, I have found the forms for Michigan so I know it can be done…I just can’t seem to find any forms for GA.
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You can’t garnish someone’s Federal Income Tax refund for a regular debt. There might be laws in Georgia permitting garnishment of the state refund for things like child support. You will deed to file a lawsuit; win and get a judgment before you can consider any sort of garnishment.
You don’t. Federal income tax refunds are not subject to garnishment. They can be offset for unpaid Federal and state income taxes, unpaid non-tax debts to Federal agencies, unpaid child support in arrears, or unpaid government insured student loans in default status.
States generally follow the same rules — unpaid State and Federal income taxes, unpaid non-tax debts to state agencies, etc. A few allow recovery of unpaid medical debts via offset of a STATE income tax refund but that’s about it.
The IRS and state revenue departments are not collection agencies for private debts. If you have a judgment against someone you may be able to get a garnishment order against their wages or possibly seize the money directly from their bank account depending upon state law but those are pretty much your only options.
If you are owed unpaid child support that is in arrears (and generally if it exceeds $1,500) the local child support enforcement agency is responsible for requesting offset of any tax refunds on your behalf. Some are pretty proactive about it while others need to be prodded into action.