Oppose Ira Silverstein's SB1278 that wants to expand garnishment of income tax refunds!

SB1278, introduced by State Senator Ira Silverstein (IL-8), amends the Illinois Income Tax Act. Provides that the Department of Revenue shall garnish a tax refund payable to a judgment debtor and instead remit the refund to the judgment creditor. Adds provisions governing the procedure for garnishment of tax refunds. Directs the Department to adopt rules to implement these provisions. Provides that specified refund withholding requests take priority over a garnishment order. Makes a corresponding change in the Code of Civil Procedure. Effective January 1, 2016. (http://www.ilga.gov/legislation/billstatus.asp?DocNum=1278&GAID=13&GA=99&DocTypeID=SB&LegID=87750&SessionID=88)

This is not Senator Silverstein's first anti-people bill. Remember this one? "Unpaid Utility Bill? You Could Lose Your Vehicle"- http://bit.ly/1P2w3J3 for which Crain's Chicago Business said, "A spokesman for Mayor Rahm Emanuel says the city is reviewing the legislation and has taken no position on it. Mr. Silverstein says he has not spoken with the city and introduced the bill at the request of a lobbyist friend whose clients include a law firm with a large collections practice. But that lobbyist used to work for the city's Springfield unit, Mr. Silverstein says. And the senator is not your typical legislator: He's the husband of Ald. Debra Silverstein (50th), a dependable vote for Mr. Emanuel on the City Council"(http://bit.ly/1MFUo92).

Senator Silverstein's latest bad bill SB1278 would allow debt collectors and creditors to go after an individual's tax refund check. Not only can a creditor or debt collector garnish a debtor's wages already, but Senator Silverstein wants them to be able to double dip and confiscate taxes refunded for overpaying state taxes.

True, some government agencies CAN garnish tax refunds in certain circumstances. If a debtor owes the city of Chicago or the State of IL money, those entities can get their cut first - but the private sector can not confiscate a debtors tax refund. Senator Silverstein's Bill could allow them and other entities expanded by this bill to do just that.

Senator Silverstein's bill causes double dipping garnishment. A judge sets what a person can afford to pay and allows a debt collector to garnish that much. This bill would allow them to collect even more than what a judge agrees upon by collecting additional payment via the tax refund.

It is not just the fact that it is double-dipping payroll garnishment, but this bill would confiscate tax balancing refunds from Earned Income Tax Credits (EITC) which serves as a benefit for working people with low to moderate income. The real kicker: the law also allows the debt collector to charge a fee for the garnishment back to the debtor.

Who will most likely have a refund coming back? The people who can least afford to have it garnished. EITC is the greatest tool the state has to bring balance to our tax code and goes to low-income families. Senator Silverstein's Bill could confiscate it for debt collectors.

Senator Silverstein, do you work for the hard working taxpayers of the state of IL, who at times may go through a rough time due to various circumstances, or do you work for collections agencies and firms? It surprises us that among your top donors are law firms representing creditors and collections agencies that would benefit from these types of Bills the most including but not limited to:

Creditors Bar Coalition of Illinois
Blitt & Gaines, P.C.
Freedman, Anselmo, Lindberg LLC
Markoff Law LLC. Attorneys at Law
Resurgence Financial, LLC
Grabowski Law Center LLC
Johnson Legal Group LLC
Titlemax Management
Blatt Hasenmiller Leibsker & Moore LLC
(All publicaly available by and verifiable with the IL State Board of Elections website)