Stay of execution for wages levy

[djscotte]

What is the name of your state (only U.S. law)? michigan

Does anyone know how to file a stay of execution for a wages levy in the state of Michigan? It only leaves me with $300 per month for a family of 4!!!

[seniorjudge]

Federal statute limits withhold up to 25% of disposable earnings per week, unless the debtor's earnings are at or near the minimum wage, 15 USC 1673, in which case no withholding is allowed.

Time Limit: Garnishment writ expires 91 days after issuance, MCR 3.101(B)(1)(a)(ii). A new writ must then be issued and served.

Stay of Wage Garnishment: Courts may grant the debtor an "installment payment order," MCL 600.6201, MCR 3. 104(A), which bars wage garnishment, provided that the debtor pays as required by the order. Such an order does not prevent garnishment of bank accounts or income tax refunds. MCL 600.6245, MCR 3.101(N). Some courts nevertheless do not allow any garnishment while an installment payment order is in effect.




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[djscotte]

my take home is supposed to be $3200 and they are taking all but $300. Does this seem right? or does the 25% not apply to me?

[davew128]

Actually they can take exactly what they are taking. Don't ask me for a cite, but I know I looked it up once. Probably somewhere in the IRC 6300 range.

SJ, the relevant cite would be under title 26 not title 15. Title 15 governs commerce and trade and the cite you gave is a garnishment for a consumer credit debt.

Edit: IRC 6334, and the exempt amount is the total of standard deduction and personal exemptions allowed the taxpayer divided by the number of pay periods in the year. There is no 25% limitation in the tax code.

OP, I don't know what position or lack of action got you to this point, but calling whomever is handling your case or the collections number if nobody is should be your next step.

[irsos]

Originally Posted by djscotte

What is the name of your state (only U.S. law)? michigan

Does anyone know how to file a stay of execution for a wages levy in the state of Michigan? It only leaves me with $300 per month for a family of 4!!!

Is this a federal wage levy? If so, they can certainly take most of your check. The good news is that the levy can be lifted in a a day or two - if not a few hours.