Tax Garnishments and Levies
Stephen Behrends • September 18, 2021
Can the IRS or ODR take money from my bank account without warning me first?
Q: Does the IRS or the ODR have to let you know of their plans before they take money out of your bank account? I had $5,000.00 in my account and my bank says that they received a garnishment from the Oregon Department of Revenue for taxes my ex-husband failed to pay years ago on a joint tax return. I never received a warning that they were going to collect from my bank account and our divorce decree says that he is responsible for paying these taxes.
A: No, the taxing agencies don’t have to warn you before they take money out of your account. If you know that you owe money to the State of Oregon you shouldn’t leave money in a bank account because they can garnish it without warning. Usually the first time you find out that there is a garnishment is when your bank tells you or when you can’t get access to your funds. As far as whether the ODR can collect money from you that your ex was ordered to pay in the divorce decree, the answer is yes it if was a joint return. The ODR isn’t bound by the terms of the dissolution of marriage and since you both owe the taxes on a joint return, they can collect from you. You have the right to go against your ex for violating the terms of the divorce but it doesn’t protect you from the ODR.
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