QUESTION

Garnishment of personal state tax return for business debt

Asked on Apr 03rd, 2012 on Business Litigation - Michigan
More details to this question:
Please advise- my name was on a corporate business credit card; 42 year-old business closed due to economy. Credit Card Co. (Capital One) filed suit to collect from me- refused to settle on a 50% offer I made. Attorney for CCC filed a garnishment against my personal state tax return in an effort to collect. My wife and I always file a joint return- can they collect on this debt even on a joint return (my wife has no connection with the business)? Thanks for any advice given.
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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Because the tax refund belongs to both you and your wife, a creditor can generally assert a claim against your interest in the refund, even if your wife is not liable on the debt. See an attorney for information on how to defend this claim.
Answered on Apr 03rd, 2012 at 8:09 PM

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