Traverse City, MI asked in Banking, Business Law, Consumer Law and Bankruptcy for Michigan

Q: 100 percent net pay taken from bank account right after payday. What can I do?

I was layed off from a job and I had to take a job for less. 1600 a month differance. I could not afford my discover card payments anymore and im on welfare now. I tried on several occasions to make payment arrangements but the refused. They could not garnish my paycheck because years ago i chose to have my child support garnished so i didnt accidently miss any paymenys. My new employer requires direct deposit to pay employees. I was paid 400 for this pay period and discover garnished all of it from my bank account. That is 100 percent of my disposable income(My balance was 0 before the deposit). But by law, they can only take 25 percent of disposable income. Now I have no money to pay for gas to get to work or pay my heating bill. It's middle of winter with over a foot of snow on the ground. I have children to support in my home as well. I'm going to loose my home if I can't make my rent payment. There has to be something I can do to at least get some of my pay. Plz advise.

1 Lawyer Answer
Robert Keyes
Robert Keyes
Answered
  • Bankruptcy Lawyer
  • Ypsilanti, MI
  • Licensed in Michigan

A: Sounds like a prime candidate for a bankruptcy.

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.