That's the point. They want the money, not the car, so they garnished your wages to pay that loan. Keep it, drive it, enjoy it. If you want to sell that car, any money would FIRST go to pay that loan and you could keep any cash left over.
The back wages will not be released to the employee until the bankruptcy is discharged and the employer is notified by the court that the arrearages have been exempted from seizure.
I have a welding machine on the truck they repossessed can they keep that?
A garnished account is an account that has been levied. Many accounts are garnished as a result of past due taxes or child support.
Yes, if the creditor chooses to sue the borrower and receives a judgment award the borrower's wages can be garnished. Please be advised, once a lending contract has been defaulted the lender can take whatever action they choose, the fact that they may accept a lower payment then originally agreed on does not mean they cannot pursue a lawsuit.
Yes. After due process has been followed. Meaning a lawsuit is filed, won, judgment granted, writ of judgment enforced as wage garnishment. Michigan garnishment laws are a max. 25% of disposable income. Federal law protects the first $154.50. Wages more than 154.50 but less than $206 are subject to discretionary garnishment. Wages above $206+ (after the $154.50 is deducted) are subject to 25%.
You do not owe money for a car if it has been repossessed, so your wages can't be garnished for that reason.
Only if you've been taken to court and the garnishment of wages was ordered by a judge.
Yes providing an order has been signed by a judge.
"Garnishement" usually mens that the employer is deducting the payment from your wages. If you are sending the funds yourself (i.e. - under court order, for instance), your wages have not actually been garnished. You must send them in the amount you have been ordered and as often as you have been directed.
If there is a garnishment that has been filed with the court, it is legal to have wages garnished up to 25% of the net amount. A savings account can also be attached but again, needs to go through a court of law.
Yes they can
Yes, if there is still an amount owed.
The back wages will not be released to the employee until the bankruptcy is discharged and the employer is notified by the court that the arrearages have been exempted from seizure.
Yes! That's one of the most important parts of bankruptcy filing, the Automatic Stay, which STOPS garnishments, foreclosures, etc immediately. To the extent that your wages have already been garnished, you will not get that money back.
This is definitely a question you can respectfully ask for the Court's opinion on when you meet with the Judge.
If a garnishment has been ruled against you in a judgment it can be collected no matter where you are.
Yes, they can garnish your wages in this case. However, if the garnishment is so high that you cannot afford to live on the remainder, you can file for an adjustment.