Wage garnishment in Michigan

Most a card or medical judgment can take

25% of disposable paysource

Pay you always keep

$217.50 a weeksource

Time to object

14 days from getting the writsource

Money held before the creditor is paid

28 dayssource

Garnishment laws in Michigan, step by step

A creditor needs a court judgment first and then it must wait 21 days. If you pay the judgment within those 21 days, there is no garnishment. After that, the court can issue a writ of garnishment, an order telling the garnishee (your employer, bank or the state Treasury) to turn over your money.

The Michigan Legal Help overview of garnishment lays out the timing:

• The garnishee has 7 days to mail or hand you a copy of the writ.
• It has 14 days to send a Garnishee Disclosure to the court, the creditor and you.
• It withholds right after the disclosure, starting with the first full pay period.
• It holds the money 28 days, then pays the creditor if you have not objected.

Which writ did you get?

There are two kinds. A Periodic Writ for Garnishment (MC 12) reaches money paid to you on a schedule, such as wages, commissions, bonuses and pension payments. A periodic writ stays in effect until the balance, interest and costs are paid. A Nonperiodic Writ (MC 13) is a one-time grab, usually from a bank account or your state tax refund. A creditor can use both at the same time for the same debt.

Your employer has no choice about complying. It is also illegal in Michigan for an employer to fire or punish you because of a garnishment.

How to object to a garnishment in Michigan

You cannot object just because you disagree with the judgment. According to Michigan Legal Help on objecting to garnishments, valid reasons include:

• a mistake in the writ: judgment amount, date, interest, costs or credits for payments;
• the money is protected income;
• you have a court installment order and are paying on time;
• another creditor is already taking the maximum from your pay;
• you paid the judgment or you filed bankruptcy.

Filing an objection costs nothing. File within 14 days of getting the notice and the money stays put. File late and it is paid out while the judge decides, then refunded if you win. A hearing is set within 21 days of filing.

Stopping the paycheck garnishment with an installment plan

If you cannot pay in full, you can file a motion asking the court for installment payments. When a judge signs an Order Regarding Installment Payments (MC 15a) and you keep paying on time, your wages cannot be garnished. It does not block a nonperiodic garnishment of your bank or tax refund and one missed payment lets the creditor ask the court to end the plan. Call and a specialist goes through your writ, the dates and a payment amount that works for you.