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Garnishment in error. Garnishment

Discussion in 'Other Debt, Collection, Garnishment' started by Paul Elder, Dec 1, 2021.

  1. Paul Elder

    Paul Elder Law Topic Starter New Member

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    Jurisdiction:
    Colorado
    Recently my pay was garnished in error by the State of Colorado for back taxes. This was done without any notification or a Court case. I only found out about the garnishment when I received my pay check. After going through the phone maze for several days I was finally able to talk to a Tax Exaimer who reversed the garnishment and sent my employer a release of levy. Do I have recourse against the State for garnishing my wages? This seems like an abuse of power.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Your state's tax laws almost certainly allow for garnishment without notice if taxes were delinquent.

    OK, so you "talked" to the tax examiner.

    What did you talk about?

    Why did the levy happen?

    Did you actually owe some tax?

    Why was the levy reversed?

    Did you reach some sort of agreement?

    Did you get the money back or did the state keep it?

    If you got the money back and the garnishment was a mistake then, no, you have no recourse. In other words you don't get a nickel for your "ordeal."
     
    Red Kayak and hrforme like this.
  3. zddoodah

    zddoodah Well-Known Member

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    Does this mean that the money that was withheld from your paycheck has been or will be paid over to you?

    If the answer to the question I asked above is yes, there is nothing for which you could seek recourse.

    Why? Why "an abuse of power" as opposed to "a mistake"?
     

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