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Lawsuit: Des Moines wrong to seize tax returns to pay fines

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February 19th, 2017 by Ric Hanson

DES MOINES, Iowa (AP) – A new lawsuit seeks to stop the city of Des Moines from garnishing the state income tax refunds to pay traffic camera violation fines. The Des Moines Register reports the city has seized refunds for such fines for three years. Attorney Jim Larew, of Iowa City, said in the lawsuit filed last week that officials are misusing the program.

Jason Fett, of Guthrie Center, is one of the plaintiffs. He says Des Moines sent him a notice in December threatening to seize part of his return if his fine wasn’t paid by Jan. 13. But Fett says he successfully challenged the citation in Polk County District Court in May 2015. The lawsuit asks for the practice to be stopped immediately and for the court to declare it illegal.