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Can my refund be taken to pay a debt?

Social Security Disability payments and a New York state pension are my only sources of income. This year I had to pay federal income tax because of retroactive payments from New York. I have an estimated refund of $700. Can those funds be restrained in my bank account by a debt collector when the source of the refund is exempt income?


Whether or not those funds can be restrained (frozen) by a debt collector with legal process is a matter of New York state law, if your account is located in New York. New York has a statute that protects account balances up to a threshold amount when the accounts receive electronic deposits of certain types of protected income. Social security disability income is one of those income types. However, the tax refund is not. Ask your bank about the New York law concerning protected income and how your tax refund would be treated.

Published on BankingQuestions.com 2/11/10