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.
By 7016608589 May 1, 2026
Understand federal bankruptcy exemptions and what assets you can keep, including your home, vehicle, and retirement savings.
money with covid masks
April 13, 2026
Learn who qualifies for a COVID tax refund, key IRS deadlines, and how to claim your money before time runs out.
September 5, 2024
Learn the truth behind some of bankruptcys most common myths. From the facts about filing, credit impact, and how bankruptcy can offer a fresh financial start.
February 20, 2024
Bankruptcy is the first step to rebuilding your credit so here are some tips to repair and build your credit and improve your credit score after bankruptcy.
debt relief attorney
November 1, 2023
There are a few ways you can prepare for a meeting with a debt relief attorney. Keep reading or contact us today to learn more.
By 7016608589 February 28, 2023
What are the different types of bankruptcy? Which types should you consider filing? Chapter 7 and Chapter 13 are best for most people but companies and people with a lot of debt may need Chapter 11.
College Students graduating
January 28, 2023
Discharge student loans in bankruptcy. New guidelines quickly show the effect of bankruptcy on student loans. Your chances are very good that you can discharge your student loans in bankruptcy under these new rules
Wage Garnishment
By Stephen Behrends August 15, 2022
My paycheck is being garnished. How does wage garnishment work? How much can they take? I can’t pay my rent or other bills. How can I stop a garnishment?
bankruptcy attorneys
July 13, 2022
Have you acquired unnecessary debts and are unsure of what to do? Read this blog to learn when it's time to call bankruptcy attorneys for legal assistance.
By Steve Behrends July 12, 2022
What are Chapter 7 and Chapter 13? Which one should you file? Is one better? Can the Court make you file Chapter 13 if you want to file Chapter 7?