Garnishment Objections

[ray5450]

I have come across these statements from various sources. Does anyone have any authorities for this?

Thanks.




Debtor needs the money for basic support. The debtor has the right to object to your garnishment on the ground that she needs the money for her own support or the support of a spouse or children. The debtor must makes this objection by filing a form with the court.

[David Merrill]

Originally Posted by ray5450

Debtor needs the money for basic support. The debtor has the right to object to your garnishment on the ground that she needs the money for her own support or the support of a spouse or children. The debtor must makes this objection by filing a form with the court.

The closest I have seen is in telecommunications for the purpose of declaring a false balance on obsolete equipment. Sometimes an expensive piece of equipment is worthless because it is outdated by technology. The price therefore must be fudged out of fiduciary responsibility.

Above we have something similar; under the penumbra of fiduciary responsibility. Considering that driving the equity decision in any court is a commercial motivation, it may be a very sound argument.



Regards,

David Merrill.

[charlesa6]

ray5450, welcome to the forum.

[Judge Roy Bean]

Originally Posted by ray5450

I have come across these statements from various sources. Does anyone have any authorities for this?

Thanks.




Debtor needs the money for basic support. The debtor has the right to object to your garnishment on the ground that she needs the money for her own support or the support of a spouse or children. The debtor must makes this objection by filing a form with the court.

In most cases, state laws control the amounts that can be garnished. Some don't allow garnishment at all, others have limits based on allowances for support of a family.

[AndyK]

Originally Posted by Judge Roy Bean

In most cases, state laws control the amounts that can be garnished. Some don't allow garnishment at all, others have limits based on allowances for support of a family.

That can't be the answer. You didn't consider the obsolete telephone equipment.

[ray5450]

Originally Posted by Judge Roy Bean

In most cases, state laws control the amounts that can be garnished. Some don't allow garnishment at all, others have limits based on allowances for support of a family.

My state (Michigan) neither disallows garnishment nor addresses family support. I am seeking some federal rulings or US Supreme Court rulings, if anyone has or knows.

Thanks.

[Judge Roy Bean]

Originally Posted by ray5450

My state (Michigan) neither disallows garnishment nor addresses family support. I am seeking some federal rulings or US Supreme Court rulings, if anyone has or knows.

Thanks.

If a state doesn't have specific statutes, the Federal Statutes apply:

USC TITLE 15, CHAPTER 41, SUBCHAPTER II
§ 1673. Restriction on garnishment
(a) Maximum allowable garnishment
Except as provided in subsection (b) of this section and in section 1675 of this title, the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed

(1) 25 per centum of his disposable earnings for that week, or
(2) the amount by which his disposable earnings for that week exceed thirty times the Federal minimum hourly wage prescribed by section 206 (a)(1) of title 29 in effect at the time the earnings are payable,
whichever is less. In the case of earnings for any pay period other than a week, the Secretary of Labor shall by regulation prescribe a multiple of the Federal minimum hourly wage equivalent in effect to that set forth in paragraph
(b) Exceptions


Short form: 75% of "disposable" (post tax, i.e., take-home) pay (or 30 times the $5.15 minimum wage, whichever is greater) is exempt.

BUT - Michigan also has a Stay of Wage Garnishment law: Courts may grant the debtor an installment payment order, ((MCL 600.6201, MCR 3. 104(A), which bars wage garnishment, provided that the debtor pays as required by the order.

At least if you can make that arrangement and get the order from the court, your employer won't be made aware of it. While the law prohibits an employer from taking action against you for a garnishment, a second or third one takes that protection away.

[masterduke]

And the wolpoffs will cleanout your bank account after 28 days from summary judgement is found. Mich does "allow" the payment plan but if you don't pay the wolpoffs will take you back to court and try to criminalize their money theft by moving for a contempt of court crap so they can really squeeze you.

[MADDOG]

People have mentioned garnishment of a portion of one's wages, and cleaning out bank accounts, but how about personal property? After judgment, do the Sheriffs appear and come into your house to take appliances, computers, TVs, clothing, etc.?

[ray5450]

Michigan objections say that there are "funds of property" that are "exempt by law", but it does not say what. Does anyone know?

Thanks.

Originally Posted by Judge Roy Bean

If a state doesn't have specific statutes, the Federal Statutes apply:

USC TITLE 15, CHAPTER 41, SUBCHAPTER II
§ 1673. Restriction on garnishment
(a) Maximum allowable garnishment
Except as provided in subsection (b) of this section and in section 1675 of this title, the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed

(1) 25 per centum of his disposable earnings for that week, or
(2) the amount by which his disposable earnings for that week exceed thirty times the Federal minimum hourly wage prescribed by section 206 (a)(1) of title 29 in effect at the time the earnings are payable,
whichever is less. In the case of earnings for any pay period other than a week, the Secretary of Labor shall by regulation prescribe a multiple of the Federal minimum hourly wage equivalent in effect to that set forth in paragraph
(b) Exceptions


Short form: 75% of "disposable" (post tax, i.e., take-home) pay (or 30 times the $5.15 minimum wage, whichever is greater) is exempt.

BUT - Michigan also has a Stay of Wage Garnishment law: Courts may grant the debtor an installment payment order, ((MCL 600.6201, MCR 3. 104(A), which bars wage garnishment, provided that the debtor pays as required by the order.

At least if you can make that arrangement and get the order from the court, your employer won't be made aware of it. While the law prohibits an employer from taking action against you for a garnishment, a second or third one takes that protection away.