Wage Garnishment

[Jules663]

What is the name of your state? Michigan. I currently have a wage garnishment against me, but I am changing jobs and I am curious what will happen now. My employer is telling me that they are required to give my new job information to the courts whether asked or not. Is this true?

 

[Zigner]

What is the name of your state? Michigan. I currently have a wage garnishment against me, but I am changing jobs and I am curious what will happen now. My employer is telling me that they are required to give my new job information to the courts whether asked or not. Is this true?

Whether it's true or not is really irrelevant. Your new employer can't withhold wages until their is a court order directing them to withhold wages.
Having said that, if the withholdings stop for a period of time, I would suggest setting aside that amount and sending it in yourself so that you don't accrue arrears.

 

[Jules663]

It is relevant, are my past employers able to give my private information out. My intent is to file bankruptcy as soon as I can, if possible I do not want to bring this into my new job.

 

[Zigner]

What is the garnishment for?
If this is the only wage garnishment you have, then your employer cannot take adverse action against you based upon the garnishment.

 

[PayrollHRGuy]

The only way you are not going to bring this to your new job is to pay off the debt. Even if your current employer doesn't forward the info to your new employer they will be notifying the entity that ordered the garnishment that you have a new job and it is very common to ask where.

 

[adjusterjack]

are my past employers able to give my private information out

Yes.

There is nothing private about the garnishment. It's in your court file and the court file is public record.

My intent is to file bankruptcy as soon as I can,

There is not "intent" to file. There is only file or not file.

if possible I do not want to bring this into my new job.

You probably won't have any choice in the matter.

 

[Litigator22]

What is the name of your state? Michigan. I currently have a wage garnishment against me, but I am changing jobs and I am curious what will happen now. My employer is telling me that they are required to give my new job information to the courts whether asked or not. Is this true?

No! Your boss is blowing smoke. The courts aren't interested in tracking your employment; present, past or future. Nor are they empowered to place such a totally impracticable burden on an employer! It may be of great moment to your unpaid and garnishing judgment creditor, but it isn't a legitimate concern of the courts.

Your new employer is certainly entitled to know of your past employment. But its not your past employer's business to know of your new employer. This isn't Russia . . . is it? . . . yet?

 

[quincy]

The judgment creditor must release the first employer/garnishee from the garnishment obligation. Until release, the order remains in effect.

Provided by the Michigan Poverty Law Program are links to Michigan's garnishment laws (see in particular MCL 600.4012):
http://mplp.org/Resources/mplpresource.2006-06-02.9657814494
In search bar, write "garnishment."

Or try: http://www.mplp.org/Resources/mplpresource.2006-06-02.9657814494/?searchterm=Garnishment

 

[LdiJ]

The only way you are not going to bring this to your new job is to pay off the debt. Even if your current employer doesn't forward the info to your new employer they will be notifying the entity that ordered the garnishment that you have a new job and it is very common to ask where.

Bankruptcy would eliminate it as well from a garnishment standpoint. The old employer cannot provide information on the new employer or information to the new employer unless the OP is dumb enough to tell the old employer who the new employer is.

 

[quincy]

The employer is required to disclose and submit to the appropriate court information on the employee.

 

[Zigner]

I suspect they are only required to notify the court that employment has terminated.

 

[quincy]

I suspect they are only required to notify the court that employment has terminated.

The employer must notify the court of an employee's termination and file a motion for release.

Although there were some changes to the garnishment laws in Michigan a few years ago, the employer/garnishee can be held liable for the employee/debtor's entire debt if the employer screws up and fails to get a release from the order.

The garnishment order, in other words, remains in effect and is binding on the employer until notice from the court (or issuer).

The employer also must provide the employee's last known address and the name and address of the employee's new employer (if known).

Litigator's post contains inaccuracies and is not reflective of Michigan laws.

 

[PayrollHRGuy]

Bankruptcy would eliminate it as well from a garnishment standpoint. The old employer cannot provide information on the new employer or information to the new employer unless the OP is dumb enough to tell the old employer who the new employer is.

And a bankruptcy might well bring in a completely different type of garnishment to the OP and his new employer.

 

[quincy]

And a bankruptcy might well bring in a completely different type of garnishment to the OP and his new employer.

Jules663 didn't mention the reason for the garnishment but if it is for taxes or child support, bankruptcy isn't going to help him.

 

[LdiJ]

And a bankruptcy might well bring in a completely different type of garnishment to the OP and his new employer.

I suppose it could, but at least where I live chapter 13 payments don't start out garnished.