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more than 1 garnishments at one time-in court & out of court?

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spring-time

Junior Member
What is the name of your state? MI

Thank you, pattytx, for your last reply to me.

The attorney/collection attorney who is threatening to garnish my wages has made me an offer. I can agree to let them deduct 25% of my disposable income ($80.00) electronically from my bank account weekly. This will avoid going to court & avoid me possibly incurring the court costs.

I understand that under the law, I am protected from being garnished for more than 25% of my disposable income. A second creditor would have to wait to garnish until this garnishment is finished. Or the 2 creditors would split the 25% garnishment (kinda rare.)

My question is, am I still protected by this law, even with an out of court agreement? What if I have the out of court agreement for 25%, can a second creditor get a court ordered garnishment on top of that? The attorney/colletion agency said that they would send a letter to the second creditor to prove that I am paying 25% but it is an out of court agreement.
 


pattytx

Senior Member
My opinion would be that yes, the second creditor could get a garnishment order and the employer would be obligated to withhold against it, up to 25% of your disposable income. This is because the agreement with the first creditor is voluntary and your employer would have no knowledge of it.
 

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