Writ State Garnishment For State Taxes
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FAQ
Once the writ of garnishment is served on the State of Michigan, it creates a ?judicial lien? on the tax refund in favor of the creditor. If a bankruptcy is filed within 90 days of the writ of garnishment being served on the State of Michigan, the judicial lien is avoidable and the tax refund will go the individual.
The CRA may garnish your income, garnish your bank account, seize and sell your assets, or use any other means under the laws that apply to collect the amount you owe. Before starting legal action, the CRA must do the following: make 3 attempts to give verbal legal warning by phone. send 1 written legal warning letter.
If the garnishee is the State of Michigan, you need the debtor's social security number. If you don't include all the required information, the garnishee does not have to process the writ. File the Request and Writ for Garnishment with the court that entered the judgment. There is a $15 filing fee.
Garnishing your refund Federal law allows only state and federal government agencies (not individual or private creditors) to take your refund as payment toward a debt. However, once you deposit the refund into your bank account, these rules no longer apply.
Generally, the IRS will take 25 to 50% of your disposable income. Disposable income is the amount left after legally required deductions such as taxes and Social Security (FICA). There are exceptions to this rule, however, that could protect some or all of your earnings from wage garnishment.