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... View More

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

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... View More

If you were not served with the summons and complaint, you may have a basis for setting aside the judgment and stopping the garnishment. Also, a wage garnishment is limited to 25% of your net take-home pay. However, you need to file something with the court to raise these issues, and most people... View More

Your issue isn't with the credit bureaus - they only report accurate information. Your issue is that there is likely an underlying default judgment out there in some court with your name on it. What you probably need to do is find out what court that judgment is from and file a motion to set... View More

A Michigan attorney could advise best, but your question remains open for a week. That sounds like it would be a tough case. You could be confronted with the question of what mitigating steps you took to negotiate or defend the matter before it ultimately made its way to garnishment. You could... View More

A collection agency did no such thing. The creditor to whom your husband owes money obtained a court order requiring your husband to turn over tax records. Unfortunately for you, you have no say in the matter because these are joint tax returns. The creditor has every right to the records.

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2024

When a court orders tax returns to be provided, especially if it's part of a legal process involving debts or collections, both parties whose information is on the joint returns are typically required to comply. This includes cases where the tax returns are jointly filed, as your and your... View More

Assuming they are dealing with an INDIVIDUAL, the standard usury law would apply.

What do the condo association documents say? Is that compliant with usury rules? Has anyone raised the issue with the condo board?

Condos are a rather strange animal especially when so many people... View More

If it's child support that the state is trying to collect from you, your "consent" is not required. By being the legal father to a child in Michigan who either has or is receiving state assistance, you are on the hook for child support. Simply put: the child's right to the... View More

Apparently, you are a New York resident who has an open child support case in Michigan and appeared in a Michigan court. I assume the State of Michigan was the complaining party. Under the child support laws of all 50 states, as required by federal law, each state has a state agency to collect and... View More

That is possible. Debt collectors CAN try to go after anything in her estate including the undivided 1/2 interest in the property.

You can limit the risk by publishing and mailing appropriate notices to creditors as part of the probate but as you’ve already learned ‘DIY’ comes with... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025

I'm sorry to hear about the situation you're facing. Charging 13% interest per week on a car loan or credit card debt in Michigan is highly questionable and likely illegal.

Under Michigan law, the general usury limit is 5% annually, or 7% if agreed upon in writing... View More

The collector can sue, but if you properly raise the statute of limitations as a defense, and no payment was made on the debt in the last six years, you should win. You may have to defend the suit to assert this defense.

I suggest you wait for the response from the law firm and then share that information with a lawyer. If the numbers don't make sense, you may be able to recover damages and lawyer fees under the FDCPA or the Michigan Collection Practices Act.

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2025

You're facing a challenging situation with your auto loan. Unfortunately, a 1099-C form isn't something you can use to initiate a settlement - it's actually a tax form lenders issue after they've already forgiven a debt, making the forgiven amount potentially taxable income.... View More

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.

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?

Don't default! If you default they will get a judgment against you and may begin collection activity. I suggest you contact a bankruptcy lawyer immediately.

The question "What should I do" is too complex to answer here. You may wish to consult an attorney to identify your options. There are several options, and the choice between the options will depend upon a number of factors.