Legal Question in Credit and Debt Law in Michigan
I recently started having my wages for a credit card debt, I am wondering how much of my pay they can take? I get paid bi-weekly and work full-time 39 hours per week? Also I have more then one credit card that I have not been able to pay and I am wondering on how it works as far as garnishment goes for each creditor. Also if I work a full-time job and a part time job can they garnish my wages at both jobs. I've also got married since the credit card debt and my husbands name was not on any of my cards previously and I am wondering if there is anything that gives the creditors the right to go after his income for debt that I owe.
1 Answer from Attorneys
Garnishors can garnish up to 25% of your paycheck, per pay period. Your husband has no liability for your debts unless he is joint on any cards or accounts. Marriage itself does not place liability on anyone, otherwise nobody would get married.
If you want the amount of any garnishment reduced, you must timely file a motion for installment payments or objections to the garnishment with the district court wherein the case is pending, and explain why you want the garnishment amount lowered (such as a list of your income & expenses, and showing that you have no money left over at the end of the month). Most courts will grant your request to lower the payments, as they understand everyone is broke right now, and don't care about credit card companies getting their money (seriously). So definitely go through the court to have the payments lowered, as your creditors won't do you any favors.
If you need to file bankruptcy, please contact me. Thanks.