Wage Garnishment in Michigan
If You Have Questions Regarding Wage Garnishment, Seek an Experienced Attorney
In Michigan, the law places limits on the amount of wages a creditor can take or garnish in order to repay debts. The limit is the same as the one found in the federal wage garnishment law, only 25% of a person's net wages can be garnished to repay creditors. There are exceptions to this limit; however, and certain types of debts allow creditors to take more. Searching for an attorney for your bankruptcy in Wayne County, MI? If you are in a situation wherein your wages are being garnished or you are at risk of wage garnishment obtain the help of an experienced Wayne County bankruptcy lawyer from our firm.
What is wage garnishment?
Wage garnishment occurs when an employer holds a certain amount of money from your wages and gives it to your creditor to repay your debts. This action is ordered from a court or other government agency and the order will vary depending on the type of debt. Creditors cannot generally get a wage garnishment from an employer without first receiving a court judgment proving that the person owes them money. There are exceptions to this rule; however, and some situations do not require a court judgment, including:
- If you have unpaid income taxes
- If a court ordered child support issue is involved
- If there are child support arrears
- If you have defaulted on student loans
Other than these unique instances, creditors will need a court order to have an employer garnish your wages. The limit that an employer can withhold is 25% of your disposable earnings. Disposable earnings are the wages left over once the employer accounts for the deductions required by law. This limit is the total allowable garnishment despite the number of garnishments that you have. For example, each creditor cannot start taking 25% of your earnings. If you have defaulted on student loans and the government is taking 15% of your income, an employer is only able to garnish 10% of your wages for a second creditor.
Can I be fired if my wages need to be garnished?
Oftentimes employers see garnishing wages as a hassle that they would rather not deal with. This situation has led to an employer firing that employee; however, Michigan provides protection against this action. Under federal law, an employer is not allowed to fire you due to a wage garnishment situation. This protection is only in place if you have one wage garnishment order. If you have more than one, federal law does not protect you against termination. In the state of Michigan, your employer is not able to fire, discipline or refuse to hire you because you have a wage garnishment.
How to Object a Wage Garnishment
There are instances in which you can challenge a wage garnishment and object the order. Team up with a Wayne County bankruptcy lawyer if you are thinking of objecting your wage garnishment. A skilled attorney can be sure that you take the necessary procedures to give you the best possible chance of success. In order to object a wage garnishment you will first have to fill out paperwork. Your written objection should contain all of the facts regarding your case as well as the reasons for your objection. There are several reasons that a person can object a garnishment, including:
- You already paid the creditor
- You received a bankruptcy discharged for the debt
- Your earnings are exempt (in full or partially) under federal or state law
Depending on your situation, you will provide the grounds for your objections and the court will decide if a garnishment hearing is necessary. In a garnishment hearing you are not able to argue against the validity of the judgment. Rather, the court will look into your claims and the reason for your objection. They may ask you for proof or documentation of your reasoning and in the end they will either accept your objection or they can overrule it and allow the wage garnishment to take place. If they sustain your objection, you may receive a modified garnishment or they could terminate it altogether.
Need a lawyer for a wage garnishment case in Wayne County? If you are at risk for a wage garnishment or have received a wage garnishment order, be sure to contact Bryant, Logan, Wheeler Law Group, PLC right away. The Wayne County bankruptcy lawyers at our firm are skilled when it comes to helping clients object their wage garnishments. We offer a
free case evaluation so call now if you need help in your case!