Experienced Garnishment Attorney In Jackson, Michigan
Generally, the garnishment process begins when you stop paying a creditor, and in response, the creditor goes to court and wins a case against you. The creditor then gets a "judgment" against you, which is a court order that details how much you owe and the interest rate you must pay on the unpaid amount.
Sometimes, the creditor gets another court order to make you appear at "supplemental proceedings," where you'll be required to answer detailed questions about your assets, wages, bank accounts, and other property.
Next, the creditor gets an order from the court to garnish your property. Before the creditor can actually take anything - either property or wages - the creditor must give notice of the garnishment. The notice must include:
- A clear statement that garnishment has occurred
- A description of the primary "exemptions" from garnishment, that is, what the creditor can't take
- A description of the procedures that you can follow to contest the garnishment; you will be given the chance to go to court and explain why garnishment should not be allowed
- Finally, the creditor can take the judgment and garnishment order to the local sheriff and ask that the judgment be "levied" or "applied."
Generally, a creditor won't be interested in garnishment if you don't have anything that can be taken to pay the judgment, such as:
- A vehicle
- Regular wages
- Bank accounts
Filing for bankruptcy can stop a garnishment cold, through bankruptcy's automatic stay process Bankruptcy allows you to receive your full paycheck, and possibly completely "discharge" (erase) the amount of the creditor's judgment against you.
Contact me to schedule an appointment and discuss the details of your case. My office is open weekdays from 8:00 a.m. to 5:00 p.m. Evening and weekend appointments are available upon request. Credit cards accepted.