payments to keep from garnishing

[jsw]

I reside in Michigan and my case was heard in the 12th district court. I just got home from court and the judge, or whoever it was that we gave our sides to, while he picked his teeth with a letter opener <I am NOT joking> decided I owe 75% of the claimed bill. The plaintiff is threatening garnishing my wages already. How much do I need to give him every month in order to restrict him from being able to do that??? The total was 1252.83. On the judgement papers the authority did not check any of the paragraphs concerning payment, whether it was weekly, biweekly, monthly or other. It was left blank. The plaintiff immediately started asking about garnishing my wages and that ended my hearing. I need some advice here, I can not let this yahoo garnish my wages if at all possible. Thanks for you time JSW

 

[JenniferH]

You are going to have to contact the judgment creditor to see if he is willing to take payments and how you can do that. If he is not willing, than he can garnish away. I know in many states there is a waiting period in which the creditor must wait (for appeals to end) and during that time he can not take any garnishment action. You would have to check the court to see if your court has this. Other than that, that is the only news I can see to give you.

 

[JETX]

Let me add the following....

You said, "I need some advice here, I can not let this yahoo garnish my wages if at all possible." The likelihood of the creditor garnishing your wages is ENTIRELY in your control.

Simply, the creditor has won a judgment against you. The state allows the creditor certain legal remedies to enforce this judgment, which includes wage garnishment (in Michigan). The Michigan statute follows the Federal wage garnishment exemption which is:
"75% of disposable earnings per week, or an amount = to 30 x federal minimum hourly wage, whichever is greater."

Simply, the judgment creditor can start wage garnishment proceedings against you. Normally, a judgment creditor would rather get a negotiated payment plan in place than to go through the expense and time of doing a wage garnishment. So, if you are able to negotiate a payment plan and stay with it, it is unlikely that he/she would initiate garnishment proceedings against you.