A Birmingham Plumber Thought Debt Garnishment Wiped Out His Options — He Was Wrong About One Thing

Most people assume that once a creditor starts garnishing your wages, the government stops caring about your situation. That assumption is wrong — and for…

A Birmingham Plumber Thought Debt Garnishment Wiped Out His Options — He Was Wrong About One Thing
A Birmingham Plumber Thought Debt Garnishment Wiped Out His Options — He Was Wrong About One Thing

Most people assume that once a creditor starts garnishing your wages, the government stops caring about your situation. That assumption is wrong — and for Harvey Velasquez, a 45-year-old licensed plumber from Birmingham, Alabama, it nearly cost him thousands of dollars in relief he was legally entitled to receive.

I connected with Harvey in late February 2026 through a manager at a Birmingham-area credit union who had seen Harvey walk in looking defeated, asking quietly whether there were any hardship options left for someone “already in the hole.” The manager, who asked not to be named, told me she thought his story deserved a wider audience. She was right.

When I sat down with Harvey at a diner on Clairmont Avenue on a Tuesday morning, he arrived early, ordered black coffee, and kept his hands folded on the table the whole time we talked. He did not ask for sympathy. That much was clear from the first minute.

KEY TAKEAWAY
Wage garnishment from private debt does not automatically disqualify a worker from claiming federal tax credits like the Earned Income Tax Credit (EITC) — but many low-income workers never file because they assume it does.

How a Cosigned Loan Became a $9,400 Problem

Harvey’s financial troubles didn’t start with bad spending habits or financial carelessness. They started with loyalty. In 2022, he cosigned a $12,000 personal loan for a childhood friend who wanted to start a small landscaping business in Tuscaloosa. Harvey told me he didn’t think twice about it at the time.

“He was like a brother to me,” Harvey said. “I’d known him since we were twelve years old. I figured, worst case, he misses a payment and I cover it. I didn’t think he’d just walk away from the whole thing.”

His friend stopped making payments in the spring of 2023. By August of that year, the lender had turned to Harvey as the cosigner. Harvey tried to negotiate a repayment plan, but by early 2024 the lender had obtained a judgment. By March 2024, Harvey’s wages were being garnished at approximately $380 per month — the maximum allowable under federal law, which caps garnishment at 25% of disposable earnings or the amount by which weekly pay exceeds 30 times the federal minimum wage, whichever is less, according to the U.S. Department of Labor.

Harvey earns roughly $38,000 a year doing licensed plumbing work — mostly residential jobs through a small contractor in the Hoover area. After taxes, insurance, and now garnishment, he said some months he takes home less than $2,100.

$380
Monthly wage garnishment Harvey faces

$9,400
Remaining balance on the defaulted cosigned loan

$38K
Harvey’s approximate annual income

The Relief Programs Harvey Didn’t Know He Could Still Access

When Harvey came into the credit union in January 2026, he hadn’t filed a federal tax return in two years. He assumed, as many people in debt do, that filing would only invite more problems — that any refund would be seized, or that the IRS would somehow accelerate his troubles. The credit union manager referred him to a free tax preparation volunteer through the IRS VITA program, which offers no-cost filing help to people earning under $67,000 annually.

What Harvey learned next surprised him. For tax year 2024, he was eligible for the Earned Income Tax Credit — a refundable federal credit available to low- and moderate-income workers. At his income level and filing status, the VITA volunteer calculated his EITC at approximately $632. Combined with standard withholding adjustments he had missed, his total refund estimate for 2024 came to roughly $1,140.

“I hadn’t even thought about a refund,” Harvey told me. “I figured the government would just keep whatever I had coming. I didn’t know there was a difference between what a private creditor can take and what the IRS sends you.”

⚠ IMPORTANT
Private creditors with civil judgments generally cannot intercept a federal tax refund directly. However, certain government debts — including federal student loans in default, child support arrears, and some state tax debts — can trigger Treasury Offset Program seizures. Harvey’s debt was private, which meant his refund was not subject to federal offset in his specific situation. Individual circumstances vary significantly.

There was also the matter of the 2023 return he had never filed. The VITA volunteer flagged that Harvey potentially had unclaimed EITC from that year as well — and that he had until April 2027 to file a 2023 return and claim any refund without penalty, under the standard three-year lookback window the IRS allows.

What the Numbers Actually Looked Like After Two Years of Avoidance

Harvey’s situation is not unusual. According to the IRS, billions of dollars in EITC go unclaimed each year — often by exactly the kind of worker Harvey represents: steady income, low margin, convinced that engaging with the tax system will only make things worse.

As Harvey explained it to me, the math of avoidance had felt rational at the time. He was already losing $380 a month to garnishment. His fiancée, Danielle, is still in school and not yet earning. Their combined household expenses — rent on a two-bedroom apartment in Bessemer, utilities, groceries, his truck payment — run close to $2,600 a month. Some months, he said, he was covering the gap with a credit card.

“I kept telling myself I’d deal with it when things settled down. But things don’t settle down. You just get further behind while you’re waiting.”
— Harvey Velasquez, licensed plumber, Birmingham, AL

When the VITA volunteer laid out the full picture — two years of unfiled returns, potential combined refunds, and no federal offset risk on his private debt — Harvey said he sat quietly for a long moment before responding.

Harvey’s Filing Timeline — What Changed in 2026
1
January 2026 — Harvey visits credit union asking about hardship options; manager refers him to IRS VITA program

2
February 2026 — VITA volunteer completes 2024 return; estimates $1,140 refund including EITC of approximately $632

3
March 2026 — Harvey files 2023 return as well; combined two-year refund estimate sits near $2,200

4
April 2026 — Awaiting refund deposit; garnishment judgment still active but Harvey has a small buffer for the first time in two years

The Part of the Story That Didn’t Resolve Cleanly

I want to be honest about what Harvey’s story is and isn’t. The refund he’s expecting — roughly $2,200 across both years — is real and meaningful to him. It covers about six months of the garnishment payments that have been quietly draining him. But it does not make him whole. The cosigned loan judgment is still active. The garnishment will continue until the remaining balance is paid or a settlement is reached.

Harvey has not contacted his former friend. He told me he tried once, in 2023, and the call ended badly. He does not expect to be repaid. That particular door, he said, is closed.

“I’m not angry anymore,” Harvey told me. “I was for a long time. Now I’m just focused on getting through it without doing something stupid, like taking a loan to pay off a loan.”

There are also programs Harvey may still be underusing. Alabama’s Department of Human Resources administers Low Income Home Energy Assistance Program (LIHEAP) benefits that could offset some of his utility burden — something the credit union manager mentioned but Harvey had not yet pursued as of our meeting. He acknowledged he tends to put off anything that feels like asking for help.

KEY TAKEAWAY
For tax year 2025, the maximum EITC for a single filer with no children is $649. Workers with two qualifying children can receive up to $6,604. These are refundable credits — meaning you receive them even if your tax liability is zero.

What Harvey’s Story Reveals About the Gap Between Eligibility and Action

Sitting across from Harvey Velasquez, what struck me most was not the complexity of his debt situation — it was how reasonable his inaction had seemed to him at the time. He is not financially illiterate. He runs his own jobs, manages materials, deals with contractors. He simply made a calculation that the tax system was one more institution likely to take from him rather than help him.

That calculation was wrong in his specific case. But it reflects a genuine mistrust that tens of thousands of workers in similar circumstances carry. The EITC, for instance, has existed since 1975 and remains one of the largest anti-poverty tools in the federal government’s arsenal — yet the IRS itself estimates that between 18% and 25% of eligible taxpayers fail to claim it each year.

“Nobody ever told me there were people who would just sit down with you and do this for free. I thought that only existed for people who had more going on — more money, more stuff to figure out. Not for someone like me.”
— Harvey Velasquez

Harvey’s fiancée, Danielle, doesn’t know the full extent of the debt situation. He said he’s told her “most of it,” but not all. That quiet anxiety — the carrying of financial weight alone, out of pride — was the most recognizable thing about Harvey’s story. It’s a posture I’ve seen in nearly every interview I’ve done with workers navigating hardship: the conviction that needing help is a personal failure rather than a systemic condition.

When I left the diner, Harvey shook my hand and said he hoped the story might help someone else avoid the two-year delay he’d put himself through. He wasn’t asking for anything. He just wanted the time he’d lost to count for something.

I think it does.

Related: Claiming Social Security at 62 Cost Me $312 a Month — The Permanent Penalty Nobody Warned Me About

Related: 2026 Tax Refund Delays Are Hitting Millions — The IRS Processing Backlog Nobody Is Talking About

Frequently Asked Questions

Can a private creditor seize my federal tax refund?

Generally, private creditors with civil judgments cannot directly intercept a federal tax refund. The Treasury Offset Program applies to specific government debts — including defaulted federal student loans, child support arrears, and some state tax obligations — but not to private loan judgments. Individual circumstances vary significantly.
What is the maximum EITC for a worker with no children in 2025?

For tax year 2025, the maximum Earned Income Tax Credit for a single filer with no qualifying children is $649. Workers must have earned income and meet AGI thresholds to qualify. The IRS VITA program offers free filing help to households earning under $67,000 annually.
How long do I have to file a past return and claim a refund?

The IRS generally allows a three-year window to file a prior-year return and claim a refund. A 2023 tax return showing a refund must be filed by approximately April 2027 to receive that money. After three years, the refund is forfeited to the U.S. Treasury.
What percentage of wages can be garnished by a private creditor?

Under federal law, private creditors may garnish no more than 25% of a worker’s disposable earnings, or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage — whichever is less. Some states impose stricter protections than federal law.
What is the IRS VITA program and who qualifies?

The IRS Volunteer Income Tax Assistance (VITA) program provides free federal and state tax return preparation to individuals earning approximately $67,000 or less annually, persons with disabilities, and limited-English-speaking taxpayers. VITA sites are staffed by IRS-certified volunteers at no cost to the filer.

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Vivienne Marlowe Reyes

Senior Tax & Stimulus Writer covering stimulus payments, tax credits, and IRS policy. M.S. Tax Policy Georgetown. Former U.S. Treasury analyst. Enrolled Agent.

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