Legal Question in Civil Litigation in Michigan
Request & Writ for Garnishment (Income Tax Refund/Credit)
In September of 2008, a judge ruled in our favor for an ''order regarding installment paymnets''-(Form MC 15a) we are to pay $50 on the 15th of each month and the garnishment issued on my husbands pay was suspended. Last week we received a Request & Writ for Garnishement for Income Tax; from the same plaintiff in the original garnishment; the date of issue was back in August of 2008. We never received a copy of the writ w/in the mandated 7 days and we are already in an installment agreement with them; so how can they request an additionial garnishment? Are they not going against the judges' order? Please assist and advise. This was for a 1985 mobile home returned to Standard Federal (Now Charter One) back in 2000 and they are stilling requesting over $30,000.00 be paid back, original loan was for only $15,000.00 back in 1989 and was paid on for several years prior to the repossesion of the mobile home. We were never notified of the judgement until several years ago. If you have any suggestions We'd be very grateful for any and all your help. Thank you!
2 Answers from Attorneys
Re: Request & Writ for Garnishment (Income Tax Refund/Credit)
You have to go back in front of the judge who ordered your installment plan, assuming you did not miss any payments on the installment agreement. Visit www.kliszlaw.com to discuss. Tim Klisz
Re: Request & Writ for Garnishment (Income Tax Refund/Credit)
Garnishment for an income tax refund, provided there is an enforceable judgment in place, generally cannot be stopped. The good news is that it only applies to your state refund, not federal. If a joint return is filed and the judgment is against only one spouse, the State will send you a form to determine to whom's income the refund is attributable to.
Be aware that it is possible that your bank account will be garnished as well if the creditor can find out where you bank.
An installment payment order prevents only wage garnishment and possibly a bank account garnishment where a pay check is directly deposited in a bank account, since this would be "double dipping."
I would strong advise you to consider a bankruptcy which could completely eliminate the debt and judgment pertaining to the mobile home and, in addition, any other unsecured debt you may have.
You can contact me at 248.679.1552 for additional information.
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