Inkster, MI asked in Bankruptcy, Foreclosure and Real Estate Law for Michigan

Q: I was garnish after a court proceed but during court thats not what was discussed or supposed to happen how do I stop it

I was scammed on a house I was paying someone who acted as the landlord later I found out it's the banks house so they came after me for the rent I already payed an have been taking it from me through taxes for years

3 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Fowlerville, MI
  • Licensed in Michigan

A: Without seeing the judgment and any other documents like the garnishment orders etc., it is impossible to provide you any real legal guidance. Did you have an attorney? THAT is the first place you should turn to have this explained.

If not, you need to find a LOCAL (to the area where the judgment was entered) attorney to review the paperwork to insure you get real advice and not just a general 'off the cuff' response. If you had a GENERAL question, a forum like this would be fine, but for specific situations, you need to have your own attorney. It shouldn't be expensive or difficult to find an attorney nearby who can review the documents and provide you with some guidance.

Good luck

Timothy Denison and Robert Keyes agree with this answer

Trent Harris
Trent Harris
Answered
  • Jackson, MI
  • Licensed in Michigan

A: By the information you gave in your question, a judgment was entered against you a long time ago, and your state income taxes have been garnished by the judgment creditor. Because of the length of time and the doctrine of res judicata (meaning: the thing has already been decided), you cannot set aside the judgment now.

The only way to rid yourself of this judgment and garnishments at this point is to do one of the following: (1) pay off the judgment in full; (2) call the judgment creditor and negotiate a settlement for less than the full balance; or (3) file for bankruptcy protection. For further information, you should set up a consult with a bankruptcy attorney who can review your situation and discuss these options with you.

Timothy Denison agrees with this answer

Michael Hollins Sr.
Michael Hollins Sr.
Answered
  • Bankruptcy Lawyer
  • Nashville, TN
  • Licensed in Michigan

A: Bankruptcy can stop a garnishment, with a few exceptions, which makes it a viable solution to your problem. You should contact a Michigan bankruptcy attorney to gain further insight.

Timothy Denison agrees with this answer

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