Wage garnishments in MI

Hi SHEATA

Welcome to the forums. Has your creditor sent you a notice of judgment before garnishing your wages? It is necessary in legal terms to send a notice before they can actually do so.

However, your wages cannot be garnished only in certain cases like the following:
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Hi Sheata

Welcome to debt consolidation care forums

As per the federal law the amount wages which is exempt from garnishment is 75% of your disposable earnings per week or thirty times of federal minimum hourly wage rate (currently it is $5.15/hr) whichever is greater. Since Mississippi follows federal law in respect to wage garnishment the amount of debt you have will be immaterial in this case.

Further garnishment of wages will not be applicable if your disposable earnings per week is less than $170. In addition you must receive a notice of judgement from the court before your creditor can garnish your wage.

Hope you will find this information useful

Regards
Peter

Can FMS garnish wages from me if I am subcontracted through another company. I am not actually employed by the company, I am subcontracted.

First thing first, to garnish your wage they need to win judgment. Did they file suit against you?

If court recognizes this as your income, probably they can withhold it. However, you can consult a lawyer for this purpose.

First off, thank you, stella, for your help.
I don't think that they have filed a suit, yet. I have talked to someone at Diversified. What they are asking for a down payment to start a payment plan is outrageous. So, if I just send them what I can every week, will that help?

Deborah,

I think they are trying to threaten you. Sometimes payday lenders try to withhold your wage using the power of voluntary wage assignment. But you can cancel such agreements any time. Have you signed any such paper with them?

It seems you are willing to pay an agreed upon payment. Offer your payment plan in writing, hope they will accept it. Go on with negotiation and don't forget to get the contract signed by them.

Thanks, Stan.

The problem I am having is with a loan from FEMA in 2002. I thought it was a grant. They informed me that it was a loan. They offset my income tax refund which is fine, but now that it is in collections, they want a lot of money down to start payments. I am willing to pay the money back, I just don't have the down payment. Can they start garnishing my wages without letting me know? If so, will they take all of my pay? Again, I am an independent contractor.
Thanks if you can give me any insight on what to expect.

Non-government agencies cannot garnish your wage without a court order; however, to recover the debts to government, garnishment is possible without a judgment.

Which collection agency is working on the loan? Have you contacted FEMA to know if they can settle the account directly with you? Hope they will cooperate with you.

Hi, Stan.

Diversified Collection Agency is working with the loan. They are asking for 2000 down and 100 a month.
I don't have that kind of money to put down. I don't know how to get in touch with FEMA directly.

You have to negotiate with Diversified. Speak to them and insist them to accept a payment plan and everything should be in writing.

BTW, does FEMA stand for Federal Emergency Management Agency? Or you are dealing with some other company?

Yes, FEMA stand for Federal Emergency Management Agency. I will try to call Diversified again on tomorrow.

Thank you so very much, Stan for your time. I will let you know how this comes out. :)

once a collection serves you papers for court garnishment and the 14days have not passed is it advisable to contact the original debtor (the hospital) to try to work things out or is too late

Hi,

I received a judgement against me from Asset Acceptance for a Providian Financial credit card. The original garnishment was to me in July of 2005 and at that time I was unaware of the laws and due to some family medical problems was unable to research the situation. The garnishment said they were going to take 25% of my wages. I contacted them and the adjusted the garnishment to $25 a check. I left that employeer to start a new job so the garnishment was only in effect for two months. I just received a new continuation of garnishment for 25% of my wages again. The original garnishment was 07/01/05.. this second one was 09/22/06. The credit card that this is on was charged off in May of 2001... and was 30 days late as of November 2000. Shouldn't the SOL have run out in the state of Florida on this debt?? Even though they received three payments through garnishments that would not have been legal since it was out of the SOL right?? I should have researched this then but had no idea. Another thing is the original credit card amount was $500 and was charged off with interest at $916. The garnishment is for $1361.00. The Garnishment that I just received I received through US mail and it stated it was served through US mail.. shouldnt they have to serve me in person?? Also.. they served it to the incorrect employeer and even have my social security number incorrect.. Can someone please give me some advice?? I can not afford to have %25 of my wages taken ..out of each check. My father is having medical treatments done and him and my mother are staying with me.. I am considered head of household and support more then 50% for my mother as a dependent.

THank you for your help!

First off, a judgement for a consumer debt is not usually served to you in person.

Contact the court. You can file a hardship tort. This will enable you to make much lesser payments than 25%, or even hold the garnishment off for a few months. All you need to do is provide proof that you support them more than 50%..It will definitely rule in your favor, but time is very important, so call right away!

I was wanting to know if a bank can garnish your wages after a bankruptcy? I filed a chapter 13 and then converted to a chapter 7. We reaffirmed on a car through a bank with the chapter 13 and when we converted to a chapter 7 I cannot remember what we did. Anyway, we ended up agreeing to pay $50 a month and we got behind and are now behind $300 as of the 30th of this month. They sent something to my husbands work saying that they were going to take $520 a month out of his checks which is 25%. The problem is that we cannot live on what we will have left. Can they do this after a bankruptcy? It has been discharged...What can we do about the amount???

If the debt was reaffirmed in the BK, then it does not have the protection of the discharge. Once you reaffirm a debt, it is valid and legal and the creditor can take measures to collect.

Hi,

I was woondering if a collection agency due to hospital bills can garnish my check. They said that they need $185.00 a month and I can not pay that much. I send them what i can but it is not very much. They said if i dont send it then they will garnish my wages can they do this

I read that charged off debts cannot be garnished, is that true? I have a credit card debt that was charged off and sold to a 3rd party agency.

I read that charged off debts cannot be garnished, is that true? I have a credit card debt that was charged off and sold to a 3rd party agency.

You read wrong. CO does not mean uncollectible. The creditor offset income with the CO. They cannot garnish w/o suing and obtaining a judgement and then only if your state allows garnishment