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Ask the community...

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Cass Green

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Something nobody's mentioned yet - you should check if the debt collector properly renewed the judgment. In most states, judgments expire after a certain period (often 7-10 years) unless the creditor files paperwork to renew it. If yours was from 2013 and they never renewed it properly, it might have expired. You can check this by contacting your county clerk's office and asking about any judgment renewals filed against you. If they didn't renew it and the original judgment has expired, you might be able to challenge the garnishment on those grounds. I went through something similar with an old credit card judgment from 2010. They tried to garnish my bank account in 2022, but I discovered they never renewed the judgment which expired after 10 years in my state. The court immediately terminated the garnishment order when I pointed this out.

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Khalil Urso

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Thank you for this suggestion! I hadn't even thought about checking if they properly renewed the judgment. I'll definitely contact my county clerk tomorrow. Do you happen to know if I need any specific information when I call them? I'm not even sure what the case number would be since I never received the original paperwork.

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Cass Green

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You'll need to provide your full legal name as it would appear on court documents. Some counties have online systems where you can search by name, while others require you to call or visit in person. They can usually find judgments against you just with your name and possibly your address. If they locate the judgment, ask specifically about renewal filings. The clerk should be able to tell you if and when any renewals were filed. If the original judgment has expired without renewal, get documentation of this to present to both the creditor and the tax authorities.

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Just want to add that if the majority of your income is from SSD, you might qualify to file Form 982 "Reduction of Tax Attributes Due to Discharge of Indebtedness" which can help if you're considered insolvent. This might not stop the current garnishment but could prevent future tax consequences if some of your debt gets discharged. Also, many states have homestead exemptions or wildcard exemptions that protect certain amounts of your assets and income from creditors, even after a judgment. These vary dramatically by state though - where are you located? Might be able to point you to specific state resources.

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Not OP but I'm in Florida dealing with similar issues. Would love to know what protections might apply here. I'm on SSDI with about $22k annual income and just got a garnishment notice for a debt from 2014.

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Paolo Longo

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The way I see it, taxes are part of the social contract. Higher earners benefit more from the stability and infrastructure that allows them to earn that income in the first place. Without roads, education, courts, etc., making that upper-middle-class income wouldn't even be possible. Also, most people forget that tax brackets are marginal - you only pay the higher rate on income above each threshold, not on your entire income. And there are tons of deductions and credits that effectively lower your actual tax rate if you take the time to learn how to use them.

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CosmicCowboy

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But doesn't that social contract idea assume we're getting functional services in return? Have you seen the state of public infrastructure lately? Where is all that money actually going?

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Paolo Longo

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I definitely understand that frustration. The quality of public services varies dramatically depending on where you live, and that's a legitimate concern. The issue isn't necessarily the amount of taxes collected but how efficiently they're being used. The reality is that a substantial portion of federal tax dollars goes to things like Social Security, Medicare, defense, and interest on the national debt - not directly visible infrastructure. Local infrastructure like roads and schools depends more on state and local taxes, which is why quality varies so much between different areas.

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Amina Diallo

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Has anyone tried just maximizing all possible deductions? I started tracking every business expense, setting up a proper home office, and making sure all my charitable donations were documented. Ended up reducing my taxable income by almost 40% completely legally.

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Be careful with that approach. A friend of mine got too aggressive with deductions and ended up getting audited. The penalties and interest ended up costing more than what he saved. Better to stay within clear guidelines.

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8 Something important to mention about backdoor Roth IRAs that hasn't been covered yet - if you have ANY other traditional IRA funds (including SEP or SIMPLE IRAs), you'll get hit with the pro-rata rule when you convert. This tripped me up badly last year using FreeTaxUSA. For example, if you contribute $6,000 non-deductible to a traditional IRA but already have $24,000 in deductible traditional IRA money elsewhere, only 20% of your conversion would be tax-free. FreeTaxUSA handles this calculation on Form 8606, but you need to make sure you enter ALL your IRA balances correctly.

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3 Wait, seriously? I have an old Traditional IRA with about $30k in it from a 401k rollover years ago. I just did a $6k contribution to a new Traditional IRA and converted it thinking it would be tax-free. Am I going to owe taxes on most of that conversion? Is there any way to fix this after the fact?

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8 Unfortunately, yes, you'll likely owe taxes on most of the conversion because of the pro-rata rule. With $30k in existing traditional IRA funds and a new $6k non-deductible contribution, only about 16.7% ($6k/$36k) of any conversion would be tax-free. There's not much you can do to fix it after the conversion has happened, but for future reference, some people with existing traditional IRA balances first roll those into a current employer's 401k (if the plan allows it) to clear the decks before doing backdoor Roth conversions. That way you avoid the pro-rata calculation entirely. But that would have needed to be done before the conversion.

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5 Has anyone else had issues with FreeTaxUSA calculating taxes wrong on their backdoor Roth? I entered my non-deductible contribution in the IRA section and my conversion in the income section, but it's still showing that I owe taxes on the full conversion amount even though it should be tax-free (I have no other IRAs).

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16 I had the same issue! You need to make sure you're properly filling out Form 8606. In FreeTaxUSA, after entering your non-deductible contribution and the conversion, go to "Other Tax Forms" and select Form 8606. Make sure line 2 shows your non-deductible contribution amount, which establishes your basis. The software should then calculate correctly that you don't owe taxes on the conversion.

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Kylo Ren

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Another option your mom might consider is contributing to a Coverdell Education Savings Account instead of a 529 if your daughter is under 18. The contribution limit is only $2,000 per year per beneficiary, but it can be used for K-12 expenses too, not just college. The tax benefits are similar to a 529 - tax-free growth and tax-free withdrawals for qualified education expenses.

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Aren't there income limits for contributing to Coverdell accounts though? I remember looking into this and there was some cutoff that made me ineligible.

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Kylo Ren

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Yes, you're right about the income limits for Coverdell accounts - contributors can't have a modified adjusted gross income above $110,000 for single filers or $220,000 for joint filers. This is a significant limitation compared to 529 plans, which generally don't have income restrictions. A lot of people overlook this requirement and end up with excess contributions that can trigger penalties. It's definitely something to check before going this route.

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Jason Brewer

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Has anyone mentioned the Lifetime Learning Credit? If your mom helps pay for your daughter's tuition and your daughter is claimed as your dependent, YOU might be able to claim a tax credit worth up to $2,000 (20% of the first $10,000 in qualified expenses). This would be better than any deduction your mom might get from a 529 contribution, especially if you're in a lower tax bracket than she is.

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But wouldn't the mom need to actually claim the daughter as a dependent to get that credit? Sounds like the daughter is OP's dependent, not the grandmother's.

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Avery Davis

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Just to add another data point - I was in basically the same situation (graduated early, started grad program) and tried to claim AOTC. Got audited. The IRS specifically cited that since my 1098-T had the graduate student box checked, I wasn't eligible for AOTC regardless of how many years I'd previously claimed it. Had to pay back the credit plus a small penalty. Definitely not worth the risk. The Lifetime Learning Credit is what you want to look at now.

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Dyllan Nantx

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Thanks everyone for the help! I'll definitely look into the Lifetime Learning Credit instead. Did you find the LLC gave you a comparable tax benefit to what you would've gotten with AOTC?

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Avery Davis

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The Lifetime Learning Credit is definitely not as generous as the AOTC. AOTC gives you up to $2,500 credit with up to $1,000 refundable (meaning you can get it even if you don't owe tax). LLC is limited to $2,000 max and it's non-refundable, so you only benefit if you actually owe federal tax. Also, the LLC calculation is only 20% of your qualified education expenses (up to $10,000 in expenses to reach that $2,000 max). Still better than nothing though! And definitely better than claiming AOTC incorrectly and dealing with an audit like I had to.

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One thing nobody's mentioned yet - is there any chance you paid for your Spring 2023 semester during 2022, even though you didn't attend? Sometimes schools bill for the next semester in December of the previous year. If you DID pay any qualified education expenses for undergraduate studies in 2022 (even if you didn't attend those classes), you might have a case for AOTC. The timing of PAYMENT is what matters for tax purposes, not when you attended classes. Worth checking your bank/credit card statements from late 2022 to see if you made any payments to your undergrad institution!

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This is actually a really good point. I had a similar situation where I paid for my last undergrad semester in December but graduated the following May. My tax person said payment date is what determines the tax year for education credits.

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