State Tax Refund Garnished After Bankruptcy

Discussion in 'Credit Talk' started by hoogguns1, Mar 5, 2008.

  1. hoogguns1

    hoogguns1 New Member

    I just received notice that a debt that was included in my bankruptcy was levied from my State Tax Refund and sent to a creditor. I was able to verify this debt was indeed included in my bankruptcy.

    The company that levied my tax refund said they will cut me a check and send it to me in the next few weeks. I am in need of the money now, my question is this: Do I have any legal action I can take to get the money faster?
     
  2. jlynn

    jlynn Well-Known Member

    Court is going to take you just as long. I'm nosy, what kind of debt was it that they could levy your taxes?

    You might try getting to the higher muckity mucks and tell them that they are in violation of the Permanent Stay, and that to avoid you hauling them back into court for contempt, and possible sanctions, plus your damages and attorneys fees, you might have from loss of the use of funds, they might want to Fed Ex you a check. ;)

    Better yet, you might call your BK attorney and see if he is willing to have that discussion with the company.
     
  3. hoogguns1

    hoogguns1 New Member

    It was a medical bill. Kinda surprised me too that they could levy it. Now if for some reason they didn't get notice could I do anything (I'm assuming probably not). But my attorney swears up and down they were included on the list of creditors.
     
  4. jlynn

    jlynn Well-Known Member

    That would make me believe you have a judgment against you. You need to get it vacated so this doesn't happen again. Judgments can be sold just like paper debts. Pull your credit reports and see if it is listed. You need to find what court.

    Are they on your creditor's matrix? You can go to Pacer and generally pull your BK papers up online for 8 cents per page.
     
  5. enigma

    enigma Well-Known Member

    Was it a tax supported medical provider?
     

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