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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 
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
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
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
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
Credit Acceptance sued me for a loan that they doubled. I never got a court date for the law suit or anything after for any other court dates for wage and tax garnishments. They are taking HALF of my paycheck every week.
answered on Dec 3, 2024
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
My employer received a garnishment against me. I have already disputed this debt with the credit bureaus and had it removed and spoke with the collection agency and argued it is not my debt. I was on a lease with my mom and her boyfriend, because I was over the age of 16 I had to be listed on the... View More
answered on Aug 21, 2024
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
Due to my medical insurance companies having differing policies on which insurance provider became my primary insurance, I had a series of medical bills go into collections and become a lawsuit due to non-payment. After the court ruled against me, Garnishment was taken from me. Later on, they then... View More
answered on Jun 10, 2024
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
I don't want anybody to see my tax returns since it's a joint tax return do we have to show them?
answered on Apr 20, 2024
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.
I don't want anybody to see my tax returns since it's a joint tax return do we have to show them?
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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
answered on Apr 19, 2024
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
How can the friend of the court enter you into a contract without your consent and don't you have the constitutional right to contract or not to contract
answered on Apr 7, 2024
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
How can the friend of the court enter you into a contract without your consent and don't you have the constitutional right to contract or not to contract
answered on Apr 7, 2024
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
Both my mother and myself are on the deed. We were unaware when the deed was formed that there was no survivorship for either party included. I now have submitted a petition of assignment with the court, along with some other documents. My concern is that my mother has some medical bills and I am... View More
answered on Feb 28, 2024
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
I have an auto loan that went into default around August 2021, and a creditor purchased the debt. I only became aware of this when I received a letter from the creditor in May 2024. In December 2024, I found out there was a judgment against me, but I never received a court date to defend myself,... View More
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answered on Apr 13, 2025
You're absolutely right to question the judgment—especially if you never received notice of the lawsuit or had the chance to defend yourself. In most states, for a judgment to be valid, the court must confirm that you were **properly served** with the summons and complaint. If the creditor... View More
I was sued for a car loan and credit card debt in Michigan, and the law office told me the interest rate is 13% weekly on the balance. I don't recall signing any agreement specifying this rate, except possibly when initially obtaining the loans. Is it legal for them to charge such a high... View More
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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
I have a debt for college fraternity dues that I haven't paid since before October 2018. I haven't acknowledged the debt in writing and have not received any legal notices from them. The collector only contacts me through phone calls. Can the collector still sue me for this debt after over 6 years?
answered on Apr 1, 2025
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'm facing issues with medical bills from Munson Hospital that appear to be inadequate and have led to overcharging. An attorney is currently garnishing my wages for $3,000, even though I have paid a similar amount to resolve these bills a few months ago. I'm awaiting statements from the... View More
answered on Mar 25, 2025
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.
I am at risk of repossession for my vehicle and concerned about being pursued for the remaining amount on the contract afterward. I have considered using a 1099-C charge-off to settle the debt with my lender, but they informed me that debt settlement discussions would only occur after repossession.... View More
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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
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?
I received a summons letter due to co-signing my child's delinquent Sallie Mae student loan for $21,853.65. The letter states I must respond within 21 days, or a judgment may be entered against me. Previously, I received reminder letters. I am a retired senior citizen on disability and a fixed... View More
answered on Feb 18, 2025
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.
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