This toolkit tells you what you can do if your wages, taxes, or bank accounts are being garnished because of a debt you owe. This toolkit is not for you if your garnishment is for child support. For general information about garnishment, read the Articles. Read the Common Questions if you have a specific question. If you think your garnishment was done incorrectly and want to object, use the Forms link to prepare your forms. The Checklist below has step-by-step instructions for objecting to garnishment. Go to Courts & Agencies for information about the court or agency that will handle your case.
You'll find links to legal aid offices and lawyer referral services under Find A Lawyer. If there is a Self-Help Center in your area you can get more help there. If you need something other than legal help, look in Community Services. If you need a fee waiver, an interpreter, a court to accommodate your disability, or more information about going to court, visit Going to Court.
Common Questions
Garnishment is a court process where a creditor asks the court to order a garnishee to give the creditor the money it holds for the debtor (like money in a bank account) or would have paid the debtor (like a paycheck). In Michigan, money can be garnished from:
- Paychecks and other earnings
- Credit union and bank accounts
- State tax refunds
Read the article An Overview of Garnishment to learn more about garnishment.
After a court decides someone owes money and issues a judgment, the creditor must wait 21 days. If the judgment is not paid after 21 days, the creditor can ask the court for a writ of garnishment. The writ is a court order. It tells the garnishee to give the creditor the money it holds for the debtor (like money in a bank account) or would have paid the debtor (like a paycheck).
To learn more about garnishment, read the article An Overview of Garnishment.
The best way to avoid garnishment is pay your debts. If you’re behind on your bills, contact your creditor and ask to set up a payment plan. Before a creditor can garnish you, your creditor must get a judgment against you. A judge must decide you owe the debt. Read Dealing With Debt Before Court to learn more.
If there’s a judgment, you can ask the court to order an installment payment plan. This protects your paycheck from being garnished. To learn about installment payments, read Getting an Installment Payment Plan.
It’s illegal to move or hide your assets to avoid garnishment after the court issues a writ of garnishment.