Grand Rapids, MI asked in Bankruptcy and Collections for Michigan

Q: My husband has just started getting his wages garnished. Do we have any options

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?

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4 Lawyer Answers

A: You have two options. You can file a motion for time payments with the Court, this may allow you to lower the amount you pay on a monthly basis and it will stop the garnishment. Or you can file a Bankruptcy. If you qualify for a Chapter 7, it should not cost you thousands of dollars. You should contact an attorney that provides free consultations to see what your options are and what they would cost.

Timothy Denison and Robert Keyes agree with this answer

A: 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 know about the lawsuit. If the case is opened then you would have a chance to negotiate with the creditor. If not opened then a bankruptcy is probably your best choice.

A bankruptcy rarely costs "thousands of dollars". But that depends on information that is not known.

Here are some of the questions that have to be answered before anyone can tell you what it might cost.

How many people are in your household?

Do you work also? If so what is your income?

Do you own any real estate? If so what is it worth and what is the mortgage balance?

Have you ever filed before?

Would both of you be filing?

Incidentally, money that is garnished can be recovered after a Chapter 7 bankruptcy is filed.

Timothy Denison agrees with this answer

A: In order for your husband's wages to be garnished, the creditor has already obtained a judgment against him. If you cannot negotiate a payment plan for the amount of the judgment, the alternative is to file a Chapter 7 or Chapter 13 bankruptcy.

Filing a bankruptcy may eliminate the entire debt or may reduce the amount to be paid, dependent upon other circumstances that are not described in your question.

A Chapter 7 bankruptcy in Michigan typically costs between $1200-$1500 plus filing fees and costs to provide pre-filing credit counseling and post filing debtor education and a uptodate credit report.

A Chapter 13 may be started for less down but is more expensive overall, but the legal fees are paid as part of a plan which can be exgtended over 36-60 months.

Timothy Denison agrees with this answer

James L. Arrasmith
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Answered

A: I understand you're in a difficult situation, and wage garnishment can be incredibly stressful. First, you have the right to file a "claim of exemption" if the garnishment creates financial hardship - this could help reduce the amount taken from each paycheck to ensure you can cover basic living expenses.

For bankruptcy, you might qualify for free legal help through your local Legal Aid office or pro bono programs at law schools. Many areas have non-profit credit counseling services that can guide you through the process at little to no cost. You could also look into Chapter 7 bankruptcy, which typically has lower upfront costs than Chapter 13.

Before making any decisions, I'd suggest calling your local courthouse to ask about upcoming free legal clinics - many offer guidance on both garnishment and bankruptcy options. You can also reach out to the National Foundation for Credit Counseling (NFCC) for a free consultation to explore all your debt relief options.

Timothy Denison agrees with this answer

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