Legal Question in Credit and Debt Law in Michigan
judgement against me
I was sued last year and lost in small claims court, I was paying $50 a month and was paying, but recent developments made me stop now they want to garnish my tax refund and my bank account and the person has been calling me. My question is 2 parts this person is not a collection agency, are they allowed to call me to find out why I haven't been paying? and can they get my tax refund if filed jointly with my wife as well as jointly held bank account? My wife was not mentioned on the lawsuit and we live in Michigan.
1 Answer from Attorneys
Re: judgement against me
If the order for installment payments was set aside, you can be garnished. Where there is a garnishment of joint assets, you may be able to recover or partially block a garnishment.
1. Income tax refund. The state will send you a form to try to determine to whom the refund is attributable. Make sure you fill it out and return it to the state.
2. Joint bank accounts. The spouse who does not have a judgment can file a motion to intervene and in many cases, depending on where the deposits are coming from, prevent the creditor from getting the entire bank account balance. Also, Social Security is exempt from bank garnishments.
If you would like to retain my office to assist, please contact me at 248.679.1552. All advice and services are billed on an hourly basis and there is a small fee for consultations only.
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