Get free answers to your legal questions from lawyers in your area.
His net income is $1400 bi-weekly. They took $370 out of his last check. We cannot afford to lose that much money. Do we have any way to fight this. Is there a way to file bankruptcy without it costing us thousands of dollars?

answered on Jan 8, 2025
Probably. But it depends on a lot of information that a bankruptcy attorney would need to know. Some example questions:
What notice did you receive of the lawsuit from which he is being garnished?
If nothing then you can file paper to get before the judge and explain why you did not... View More
I have a garnishment filed every year for a car repossession from 8 years ago, and my state refund is garnished and sent to the attorney. I have no agreement or contact with them, and this year is my first time able to get a federal tax refund. Can they also take my federal refund?

answered on Feb 25, 2025
No to Federal Refund. There is also no reason to file MI state taxes if you are going to get a refund. They is no penalty unless you owe and file late.
I have had a court-mandated garnishment for 9 years due to a car repossession. Each year, about $3,000 is taken from my tax refund. I have not been employed recently and haven't been able to communicate with the debt collectors. The original debt was $22,000, and my current balance is $13,000.... View More

answered on Feb 20, 2025
First thing. I assume these are Michigan refunds. If so stop filing. The state doesn’t care if you file when you expect a refund.
Why are you reluctant to file bankruptcy?
They also send me paperwork 4 months after filing with the courts

answered on Nov 15, 2024
Yes. Debts can be renewed every 10 years. I always advise MI clients to not file MI tax returns if they are getting a refund since the state doesn’t care if there is no filing if there is a refund due.
Not sure what you mean about “they”sending you paperwork after filing. After what... View More
1 person filed, the other did not. It's still on both credit reports.

answered on Mar 21, 2024
A discharged credit card will be reported as discharged by bankruptcy. The joint person who did not file will continue to show the credit report as before.
Thousands secretly charged on credit card by spouse.

answered on Nov 9, 2023
Need much more information. Most important - is the mortgage current? If so, then you may be able to file Ch 7 (the simple short bankruptcy). If not current you would need to either get current before you file a case or file Ch 13 bankruptcy and get caught up over either 3 or 5 years.

answered on Jun 19, 2023
Depends on a lot of question too numerous to list. Just a few:
Property valuation.
Which exemptions you can use.
Your age.
Your family size.
Your sources of income and amounts.
Your expenses.
Anticipated changes in income and expenses.
Its a bankruptcy case

answered on Dec 22, 2022
Assuming you are asking for yourself and not for somebody else you should contact your attorney and find out exactly what happened. Without more information there is no way to really answer the question.
In general, cases can usually be reopened and the paperwork filed. There may be other... View More
Unemployment runs out before I can collect social. I have no 401k or savings, I can't pay the minimums and don't know even know which debt companies are reputable? Does using a debt company prevent me from applying another recourse later?

answered on Dec 23, 2022
Several thoughts.
First - if your only income is Social Security and you have no significant assets you don't need to do anything since creditors cannot garnish SS income.
Second - I have never had a client who had anything good to say about debt consolidation companies.... View More
I have a lawsuit that wages are garnished for from an old car repo and I just received papers for a car that I co-signed with my ex about a civil suit I am not currently working and I think I need to file bankruptcy if I can but am lost as to how to even get the right paperwork to file

answered on Jun 15, 2022
You can certainly file the bankruptcy by yourself but I'll bet every bankruptcy attorney who sees your question will agree that it is almost always a terrible idea.
That being said you can go to this link and get the forms and some guidance on how to do it yourself:... View More
On 03/02 I got an email from work with a "writ of garnishment" dated 02/08/22.I was not properly served from the creditor. The writ states "plaintiff received judgement against defendant for $6,875 on Feb 01 2018. The plaintiff is Credit acceptance corp. However, I was never served... View More

answered on Mar 9, 2022
I have handled many cases like this and have had judges set aside the Default Judgment. The form you are looking for is called "Motion to Set Aside Default Judgment. Here is the link:
https://www.courts.michigan.gov/siteassets/forms/scao-approved/cia04.pdf
You would need to... View More
I have been in my chapter 13 for over 2 years and realized I was supposed to supply tax returns and refunds to the trustee but I haven’t. I’m not sure what my next step is as I’m afraid to bring it up and have my case dismissed.

answered on Aug 16, 2021
You should turn in returns ASAP and contact your attorney if you have one. Otherwise contact the trustee and own up to your mistake.
It will only get worse if you ignore it and your case will get dismissed if you don’t makes it up somehow.
My chapter 13 In Michigan tax refund portion is silent. Will I get a refund? If so how much am I an entitled to keep if this is silent. I really wouldn’t mind them keeping it if it paid my case off faster but this pandemic has put me out of work and I need all of my refund or pretty close to it.... View More

answered on Jan 9, 2021
In the Eastern District of Michigan the standard plan requires you to turn over your refund. It is not a matter of the trustee grabbing it.
The good news is you can always amend your plan to account for change of circumstances. Show expenses for any un-budgeted event such as job loss and... View More
Went to baker college of clinton township, they told me 2 years and 20,000 and said that would find a job for me
didnt even start on my degree until a year and a half and i got a bill from them saying i have to pay 27,000 dollars or get in trouble, it was just lies after lies from them

answered on Oct 28, 2020
Not enough information. Is the case pre 341, post 341, pre-confirmation or post confirmation?
I have a garnishment from my employer. They take payroll taxes off before determining disposable income. What's to stop me from just raising my additional federal withholding by a lot to make my disposable income too low to garnish and then get huge federal refund next year?
Edit:... View More

answered on Mar 29, 2020
How much is the debt? You are going to have to deal with the debt sometime. If the debt is a garden variety judgment in a MI Court you could ask for a payment plan. Why not file the bankruptcy (if you can). In a Ch. 7 you can get back everything garnished in the 90 days before filing if it totals... View More
The money that was in my account was to file bankruptcy, all the courthouses are closed to the public due to the Coronavirus. Everything I had was in my account, now I have no money for rent, food, my car. Is there any way to fight this during a national emergency?

answered on Mar 22, 2020
You can still file a bankruptcy. Bankruptcy courts are still operating electronically.
No attorney-I’m on disability fix income can I qualify for hardship discharge? Homestead exemption what does it do?

answered on Mar 5, 2020
Do you have an attorney? If so talk to that person. If not you need to supply much more information.
Can I go to jail for not paying my criit card debt
My checks have been garnished since the beginning of my chapter 13 plan and my payments have been paid timely. I am on my last payment for the last creditor that has to receive payment. At what point can I expect to have the income withholding ended so I can receive my full paycheck again?

answered on Feb 9, 2020
Check with your attorney assuming you have one or if not call your Ch. 13 trustee's office.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.