Posted on June 15, 2009 at 2:30 am hi everyone i'm just new here, please help me. is it possible for debt collectors to take my taxeS? got a call from one of them saying that the'yre gonna be taking my tax rturn to pay off my credit carddebt with them, can they really do that? thanks in advance

Posted on June 15, 2009 at 4:25 am They can only do that only for student loans and child support, and also for debts owed to taxes. Not for credit card debts. Looks like your debt collector is making some false statements there.

Posted on June 15, 2009 at 5:03 am Hi, roygbiv,Debt collectors in general are not allowed to take your tax refund, although laws regarding this vary according to state. In the first place, it is essential for any creditor who wishes to levy your accounts that they have a judgment against you.If for example your creditor brings you to court and the odds are in their favor, they are granted access to the monies in your account, except for specific exemptions such as Social Security or disability. If your tax return is deposited in your bank account, yes, they can have get it--but they should, as I said earlier, have a court-ordered lien against you.

Posted on June 15, 2009 at 5:45 am What are the monies that cannot be seized? Thank you

Posted on June 15, 2009 at 6:50 am In general government benefits are part of wages that creditors cannot seize, that includes Social Security, unemployment, and public assistance funds. Also, alimony and child support are part of the list. Disability is also included here

Posted on June 15, 2009 at 10:17 am it's also possible for your state taxes to be garnished if an amount is owed to a medical institution. like a hospital for example. it was a good thing they informed me in writing before doing so.

Posted on June 15, 2009 at 11:25 am It is also against the law for debt collectors to make false statements, that is, threaten debtors with action that they do not intend doing. What the debt collector did was violate a rule of the FDCPA, which serves as your protection against these unfair practices.You can file a case against the collection agency. If your case wins, the collection agency is also required to pay for court costs, attorney's fees, and possible damages.

Posted on June 15, 2009 at 11:27 am you also have to file the case at least 1 year within the time that the incident occurred. else the case would be dismissed. better to have evidence ready so you can have more solid evidence.

Posted on June 15, 2009 at 3:38 pm I would be hesitant to go through the headaches of filing a lawsuit against the collector. This could be very expensive and time consuming, and you may lose in the end and owe more money as a result (from the costs incurred to file suit) anyway. I think if you made that decision you would be letting your emotions get the best of you. And, to clarify something, the FDCPA states that any debt collector who makes false claims, such as threatening a lawsuit when they are not really prepared to do so, is in violation of the act. However, if they are prepared to file suit and make that claim it is not a violation. As you can see, there is a lot of grey area there, and that is why I think you would be wasting your time trying to sue the collector. I am not saying that the collector in this instance is not violating the FDCPA, I am simply saying I think you could use your time more wisely. And if you are having financial problems I don't think the risk of having to pay attorney fees and court costs would be in your best interests. I would suggest trying to settle the debt if it is already in collections, and that way, you can satisfy the debt once and for all and avoid indefinitely having your tax refund garnished. Just fill out a form on DestroyDebt.Com to get matched up with a qualified provider (it's free)!