Legal Question in Bankruptcy in Michigan

wage garnishments

I had my wages garnished for 6 pay periods, 06/27/08 thru 09/05/08 totallying 1863.00. I filed for Chapter 7 on 08/28/08 and the garnishment stopped after 09/05/08. Can I get any of the garnished wages returned to me from the collector and how do I go about doing this?


Asked on 10/13/08, 4:46 pm

1 Answer from Attorneys
Jerrold Bartholomew Priority Elder Law and Estate Planning, PLC

Re: wage garnishments

You can recover through what is known as a preference action, but the cost of recovery is likely to exceed what you receive back. It will therefore be difficult to find an attorney to take the case. If an unsecured creditor receives more than it would have in chapter 7 within 6 months of filing, the creditor has received a preference above other creditors. If the amount recovered in a preference would have been exempt by the debtor, then the debtor should be able to keep the money when it is recovered. The issue should have been discussed at your meeting of creditors.

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Answered on 10/14/08, 9:21 am


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