Legal Question in Credit and Debt Law in Michigan
Garnishments in Michigan
I work in MI and had a garnishment sent to my payroll so i went to the courthouse here in the county the garnishment was ordered and filed a petition to stop the garnishment and make regular monthly payments myself. On Dec. 9 i had my hearing and the order was stopped and officially signed the next day. My question is my payday was the 12th of that week and of course it was taken out because noone sent any paper work til the following week. Is that payment mine or does the debtor get to keep it even tho the garnishment order was stopped before my payday?
1 Answer from Attorneys
Re: Garnishments in Michigan
Your employer is obligated to follow the garnishment Order until such time as they receive "Notice" that the garnishment Order has been superceded pursuant to an installment Order.
If your employer has already sent the funds to the creditor, then your judgment amount has just been reduced and you will not get those funds back.
If your employer has not forwarded the funds, then you should be able to get the amount withheld back from your employer.
If you fail to make your installment payments, the creditor can motion to have the installment Order set aside and continue to garnish your wages.
Probably not the news you wanted to hear, but good luck in the future.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
