grambuffy Posted January 18, 2008 Report Share Posted January 18, 2008 MY client is having her wages garnished for money owed a lawyer. Her husband who is on SSI for disability was sent a letter from the lawyer saying that they are going to garnish his Social security disablity as payment as well as their tax refund. I can't remember where I read it but I thought only government tax reimbursements, child support and government student loans can offset a refund is this correct? I am not sure about SSI payments I looked on the SS website and found nothing about payments through them only about if you are working and you owe them. Wife has only wage income and husband has only disability payments. What about the state of MI? Any help here appreciated. Thanks Kathy Quote Link to comment Share on other sites More sharing options...
RoyDaleOne Posted January 18, 2008 Report Share Posted January 18, 2008 Does the husband also owe the lawyer? Most likely the husband's payments can not be garnished for wife's debt. Normal, scare tactics and the attroney will attach aything and everything he can. Even if not entitled to such attachment. Quote Link to comment Share on other sites More sharing options...
Slappy Tax Posted January 18, 2008 Report Share Posted January 18, 2008 He can't have the IRS take her tax refund. That's pure hogwash. Even though he can't intercept her tax refund, he wouldn't have to if she would pay her debts. Quote Link to comment Share on other sites More sharing options...
Jesse Posted January 18, 2008 Report Share Posted January 18, 2008 A couple years ago my clients Federal refund was intercepted for attorney's fees- the fees were for a divorce lawyer. I don't know if it depends on State laws - this was in Wisconsin. Quote Link to comment Share on other sites More sharing options...
Slappy Tax Posted January 18, 2008 Report Share Posted January 18, 2008 Well, maybe I learned something today. I just can't believe that government resources are being expended to enforce private judgments. You may want to have the clients call the FMS line to see if it indicates any offsets brewing. 800-304-3107 Quote Link to comment Share on other sites More sharing options...
Booger Posted January 18, 2008 Report Share Posted January 18, 2008 Shakespeare had it right when he said "KILL ALL LAWYERS" Booger PS Shakespeare was a writer back in the olden days Quote Link to comment Share on other sites More sharing options...
jainen Posted January 18, 2008 Report Share Posted January 18, 2008 >>my clients Federal refund was intercepted for attorney's fees<< There's all sorts of stories out there. The IRS will NOT divert a refund except for delinquent state or federal taxes, child support, or certain federal debts like student loans. Possibly what happened is that the money was snagged by a garnishee at her own bank. Or the divorce lawyer was really collecting the back child support. One thing an attorney can do is haul her back into court for a judgment debtor hearing, at which she must identify all of her assets including tax refunds. With the court's help (and some lawyers are pretty buddied up with the judges), they might be able to order her to release the funds or face jail for contempt if she doesn't. Quote Link to comment Share on other sites More sharing options...
lbbwest Posted January 18, 2008 Report Share Posted January 18, 2008 I have a client that IS a collection agency, he is able to offset State of Michigan returns with proper preauthorization for private debts. Clients often say "tax returns" and don't designate Federal vs State. Quote Link to comment Share on other sites More sharing options...
OldJack Posted January 18, 2008 Report Share Posted January 18, 2008 PS Shakespeare was a writer back in the olden days Its scary to think that some in this generation might not know who Shakespeare was. Quote Link to comment Share on other sites More sharing options...
gfizer Posted January 22, 2008 Report Share Posted January 22, 2008 Does the husband also owe the lawyer? Most likely the husband's payments can not be garnished for wife's debt. Don't be so sure. Kentucky law allows a husband to be held responsible for his wife's debts. Quote Link to comment Share on other sites More sharing options...
lbbwest Posted January 22, 2008 Report Share Posted January 22, 2008 Its scary to think that some in this generation might not know who Shakespeare was. Et tu Brute ! (And you Brutus) very rude to point out other posters age...maturity. Quote Link to comment Share on other sites More sharing options...
bay Posted January 22, 2008 Report Share Posted January 22, 2008 MY client is having her wages garnished for money owed a lawyer. Her husband who is on SSI for disability was sent a letter from the lawyer saying that they are going to garnish his Social security disablity as payment as well as their tax refund. I can't remember where I read it but I thought only government tax reimbursements, child support and government student loans can offset a refund is this correct? I am not sure about SSI payments I looked on the SS website and found nothing about payments through them only about if you are working and you owe them. Wife has only wage income and husband has only disability payments. What about the state of MI? Any help here appreciated. Thanks Kathy Garnishments are a matter of State Law - I know that in Ohio Social Security Payments can not be garnished and I have never heard of IRS Refunds being garnished. If your client lives near a major city that has a law school, must law schools have legal aid clinics - I would suggest your client contact them for assistance. Also it appears that the attorney may not have complied with the Fair Collection Act. Good Luck Quote Link to comment Share on other sites More sharing options...
mcb39 Posted January 22, 2008 Report Share Posted January 22, 2008 Its scary to think that some in this generation might not know who Shakespeare was. I am reading "Jane Eyre" and am amazed how many people I ask have never heard of that Classic written in 1847 by Charlotte Bronte....I recently watched the movie on PBS and decided to read the book (again, since I know I read it in High School). Am enjoying every page. By the way, I have a client who is having his WISCONSIN refund offset for non-payment of hospital bill for birth of child. Child is his dependent. Quote Link to comment Share on other sites More sharing options...
jainen Posted January 22, 2008 Report Share Posted January 22, 2008 >>Wisconsin refund offset for non-payment of hospital bill<< County hospital, or county contract for indigents? That would be a government bill. Thanks for reminding me that it's time to read Jane Eyre again, it being a new year. Quote Link to comment Share on other sites More sharing options...
mcb39 Posted January 23, 2008 Report Share Posted January 23, 2008 >>Wisconsin refund offset for non-payment of hospital bill<< County hospital, or county contract for indigents? That would be a government bill. Thanks for reminding me that it's time to read Jane Eyre again, it being a new year. It is not a countty hospital or county contract for indigents. However, it could be a county assessment since he is not married to the mother. The point being that a third party is attaching his STATE refund. You do not need to be so facetious about Jane Eyre. I am enjoying it. That doesn't mean that I expect you or any other member of this board to do the same. I see that there is, however, a large demand for the DVD on E-Bay. Quote Link to comment Share on other sites More sharing options...
jainen Posted January 23, 2008 Report Share Posted January 23, 2008 >>to be so facetious about Jane Eyre<< Not so. I do read it every year. I even posted about it in the middle of tax season last year, on The Tax Book message board (before I got banned). In fact I had a little quiz going. I'm still wondering about polluting the shades of Pemberly. Do you suppose that refers to: a-) the fine furnishings b-) spirits of family ancestors c-) the surrounding park d-) their reputation or mystique e-) outdoor parties Quote Link to comment Share on other sites More sharing options...
mcb39 Posted January 23, 2008 Report Share Posted January 23, 2008 >>to be so facetious about Jane Eyre<< Not so. I do read it every year. I even posted about it in the middle of tax season last year, on The Tax Book message board (before I got banned). In fact I had a little quiz going. I'm still wondering about polluting the shades of Pemberly. Do you suppose that refers to: a-) the fine furnishings b-) spirits of family ancestors c-) the surrounding park d-) their reputation or mystique e-) outdoor parties Your question has nothing whatsoever to do with Jane Eyre. It is a quote taken from "Pride and Prejudice" by Jane Austen. ‘You may ask questions which I may not choose to answer’. She declares herself equal to Darcy. ‘He is a gentleman; I am a gentleman’s daughter; so far we are equal.’ She refuses to give Catherine an open promise about what she is going to do in the future. When Lady Catherine insults her by saying she will ‘pollute’ ‘the shades of Pemberly’, Elizabeth firmly but politely terminates the conversation..." It refers to the supposed weakening of the aristocratic bloodline by marriage to a commoner. You see, I recently read "The Lost Memoirs of Jane Austen". Now, tell me again that you are not being facetious. Quote Link to comment Share on other sites More sharing options...
jainen Posted January 23, 2008 Report Share Posted January 23, 2008 >>tell me again that you are not being facetious.<< Doggone it, that's right. But I'm not joking; I'm just crazed by an impossible year that has not left me at all prepared for tax season. No, I've only read Jane Eyre a time or two. Too depressing for me. I seem to recall they even had to buck up the ending for the movie. Sorry for my mispeak. I am a Lizzy Bennett fan, though. And as you point out, that phrase comes just before the climax of the whole story. Very important--it pretty much changed everything when Elizabeth reacted so "firmly." So what was Lady C talking about? What were the "shades?" Quote Link to comment Share on other sites More sharing options...
Booger Posted January 23, 2008 Report Share Posted January 23, 2008 >>tell me again that you are not being facetious.<< Doggone it, that's right. But I'm not joking; I'm just crazed by an impossible year that has not left me at all prepared for tax season. No, I've only read Jane Eyre a time or two. Too depressing for me. I seem to recall they even had to buck up the ending for the movie. Sorry for my mispeak. I am a Lizzy Bennett fan, though. And as you point out, that phrase comes just before the climax of the whole story. Very important--it pretty much changed everything when Elizabeth reacted so "firmly." So what was Lady C talking about? What were the "shades?" jainen, is Jane Eyre available in comic book form? If it is, I might read it. Booger Quote Link to comment Share on other sites More sharing options...
jainen Posted January 23, 2008 Report Share Posted January 23, 2008 >>is Jane Eyre available in comic book form?<< I don't think they do comics that way any more, but you might find something old in a comic book store or online. There's always CliffsNotes if you just need a quick intro to the characters and plot, but of course that's a spoiler. If you are at all interested in one of the finest tales of love and mystery in English literature, I recommend you spend a weekend in the halls of Thornfield. Don't use a summary or abridged version, and don't watch the movie. The story is deep and rich, the imagery is magnificent, the language without flaw. It's a fine work (just not to my taste). Quote Link to comment Share on other sites More sharing options...
JohnH Posted January 23, 2008 Report Share Posted January 23, 2008 You mean they left something out of Cliff Notes? I thought it was just really small type. Quote Link to comment Share on other sites More sharing options...
mcb39 Posted January 23, 2008 Report Share Posted January 23, 2008 >>to be so facetious about Jane Eyre<< Not so. I do read it every year. I even posted about it in the middle of tax season last year, on The Tax Book message board (before I got banned). In fact I had a little quiz going. Jainen.....so how did everyone else do with your "little quiz"? Have to give you credit, cuz I do believe this is the first time I have ever seen the word "sorry" spring from your keyboard. Everybody has bad years and this one isn't starting out that great either. I am not a dedicated Classics fan. I read almost anything and everything, but as we grow older we need to be more discriminative as I often wonder how many more books I will have time to read; and will there be books on the other side? I am reading the thick Barnes and Noble edition with all the introductions, prefaces and footnotes. And, I don't find it depressing at all. Certainly not nearly as depressing as some of the stories that come into this office during Tax Season.....Also, I think the reference is to darker skin as in Hispanic or Portugese blood. Something along those lines and I have spent enough time on this project. Peace!!!! 1 Quote Link to comment Share on other sites More sharing options...
jainen Posted January 24, 2008 Report Share Posted January 24, 2008 >>I think the reference is to darker skin as in Hispanic or Portugese<< Yikes! You think Jane Austen's best hero was Hispanic? No, the shades of Pemberley were the beautiful wooded parklands that surrounded the house. It was these woods that led Elizabeth to the view at which she first realized that money was no barrier to love after all. Lady C of course was concerned about the very same issue. Her expression is explained on the last page of the book. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.