Royal Oak Bankruptcy Lawyers in Michigan
You have been served with a wage garnishment summons, and you are wondering, “what is wage garnishment?” Maybe you have a bad feeling in the pit in your stomach. You know that the garnishment of your wages will be a painful process. These feelings are normal because you probably heard from someone who went through this that it’s a nightmare and not worth dealing with. But understanding how to deal with it is key to fighting off the garnishment or negotiating a better deal.
Hiring a Michigan wage garnishment attorney to handle the wage garnishment process can save you from many headaches, but it’s not an easy decision to make. In this article, you will find out. First, learn the basics of wage garnishment.
What Is Wage Garnishment?
A “wage garnishment” is an order compelling your employer to withdraw money from your paycheck and deliver it to one of your creditors. A creditor can’t usually garnish your salary without a court decision. Paying back credit card debt or medical bills can’t garnish your earnings unless you’re sued, and a judgment is obtained. Some creditors, including taxes, federal student loans, child support, and alimony, may garnish your wages without a lawsuit. These creditors have the legal power to deduct money from your salary.
Garnishment Types
Michigan wage garnishments are of two types:
Periodic garnishment is used to periodically remove money from you, such as earnings from a renter or lessort. In any case, it is valid for 91 days or until the judgment, interest and fees are paid.
Non-Periodic Garnishment: It is used to seize money or property. The non-periodic writ becomes invalid once the money is garnished and a new order is issued.
Get Debt Relief
Dealing with garnishments and judgements may be daunting. You can’t ignore the issue because you’ll lose money – money that you’ll need to pay for living costs and legal bills to fix the issue. We assist customers in halting garnishments by filing a Chapter 7 or Chapter 13 bankruptcy.
Where can creditors get cash?
Michigan garnishment rules enable creditors to collect cash from
- The Consumer Credit Protection Act (CCPA) allows up to 25% of your Michigan salary to be garnished if you earn above $217.50 per week.
- Bank accounts
- Michigan income tax refund
- Most rent payment and land contract payments
What is the Process of Wage Garnishment in Michigan
Before garnishing your earnings, a creditor will file a case in court that you owe the creditor money and must pay it back. A debt obligation is owed to a creditor. The creditor will get a judgment if they win the action against you.
A creditor must wait 21 days after obtaining a court judgment against you. They may then file a Garnishment Request. With this paper, you authorize the creditor to garnish your earnings. The garnishee is your employer, and you are the debtor under this paperwork.
Signing the writ signifies the court’s approval. Signed writs must be served within 182 days after signing. It will also provide them with a disclosure document and charge them $35.00 for recurring garnishments, in addition to the writ itself.
Your employer has seven days to provide you with a copy of the writ. Then they have 14 days to disclose to the court how much of your paycheck they’ll take each pay period, if applicable.
The creditor must provide you with a statement detailing the debt’s repayment progress every six months.
Is there anything safe from Michigan garnishment laws?
Yes, a creditor can’t touch everything. The following are hands-off in garnishments:
- Refunds of federal and local taxes
- Social Security payments, with certain limitations depending on the judge. For example, if Social Security income is placed into a bank account, you must show the money is from Social Security. Some courts authorize garnishment of all income except for Social Security.
- SSI, state assistance, and VA benefits. Federal benefits are subject to pay off for child support, alimony, and federal indebtedness.
- Unemployment benefits, worker’s compensation, state and federal civil service pensions, and military pensions
- IRAs and life insurance for the insured’s spouse or kid.
- Pension benefits CAN NOT be garnished before being paid but CAN be garnished after.
How to stop a garnishment?
Prevent a garnishment before it begins. If you have a judgment against you, expect a garnishment! We can assist you at every stage. We give two debt settlement solutions that provide instant judicial protection and the potential to retrieve cash already seized.
Chapter 7 Debt Elimination
The program will erase any other unsecured debt obligations such as credit card debt, medical expenses, personal loans, and loan shortfalls (from home foreclosure, vehicle repossession, etc.) for a new financial start and a chance to rehabilitate your credit.
Chapter 13 Debt Consolidation
A court-approved repayment plan, Chapter 13. It is meant to help you develop a budget, repair your credit, and pay off any remaining unsecured debt after the 36-60 month payback plan.
The Chapter 13 program may legally:
- withdraw your second mortgage
- stop house foreclosure;
- stop vehicle repossession;
- and other creditor procedures.
How Can a Royal Oak Bankruptcy Attorney Help You?
Royal Oak Bankruptcy Attorney will know how to defend you if you’re sued for debt default. A lawyer will stop any garnishment of your pay if you have an exemption. Federally exempt income includes Social Security payments. Some states also tax income.
Lawyers can assist you in responding to a creditor’s complaint. A qualified lawyer can lessen or eliminate your debt if you lose in court. A lawyer may analyze any creditor agreements and communications. They will detect fraud, identity theft, and statute of limitations violations. A consumer lawyer may check if the creditor obeyed the Fair Debt Collection Practices Act (FDCPA). The FDCPA prohibits harassing collection practices. Most bankruptcy attorneys in Michigan will give you a free quote to see whether they can assist you.
Takeaway: You need a wage garnishment attorney to help you with wage garnishment.
While wage garnishment can be good news if you’re struggling to make payments on outstanding debts, it’s a nasty surprise if you don’t know it’s coming. That’s why consultation with a bankruptcy lawyer in Hammerschmidt Stickradt & Associates is an absolute necessity if you’re having trouble paying your bills. We’ll be able to help you get back on track with your finances and possibly even avoid wage garnishment. If you want to discover details more about the laws surrounding wage garnishment, then schedule a free consultation with a wage garnishment at HS&A.