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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15872
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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we are currently paying $750/mth in payment agreements on debt

Customer Question

we are currently paying $750/mth in payment agreements on debt either by judgement or agreements before judgements. Now a lawyer is garnishing my husbands wages. After seeking help thru Greenpath we only have $100 xtra a month for incidentals. Can my husbands wages still be garnished w the prior 2 court approved payment arrangements plus 2 other payment arrangements?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 1 year ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

Unless their was a written agreement for settlement, and you were following the agreement the attorney cannot garnish his wages, however if this was through a credit counseling program, a creditor can garnish his wages, as creditors are not bound by such agreements, unless they specifically signed them

Expert:  WALLSTREETESQ replied 1 year ago.
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Customer: replied 1 year ago.

What is the chance of our getting the garnishment stopped. Would we have to go bk to court and file some type of form due to our financial situation. I read on creditinfocenter.com where Michigan is one of the 13 states where a payment does not restart a Statute of limitations over again unless you have a written agreement. Is that incorrect? Since the plaintiff could not produce any copies of statements etc in two years and the acct was written off on 12/05 and there was a question regarding the ck withdrawn shouldnt this have been considered past SOL?

Expert:  WALLSTREETESQ replied 1 year ago.
To get a garnishment stopped you either have to file a bankruptcy, or settle with the creditor. If they had received a judgment they could garnish his pay, the lack of evidence should have been brought up during a court case when they first sued you. If their was no judgment they only have two years to enforce.



The applicable Michigan statute provides:

600.5809 Action to enforce noncontractual money obligations; limitations.
Sec. 5809.

(1) A person shall not bring or maintain an action to enforce a noncontractual money obligation unless, after the claim first accrued to the person or to someone through whom he or she claims, the person commences the action within the applicable period of time prescribed by this section.

(2) The period of limitations is 2 years for an action for the recovery of a penalty or forfeiture based on a penal statute brought in the name of the people of this state.

(3) Except as provided in subsection (4), the period of limitations is 10 years for an action founded upon a judgment or decree rendered in a court of record of this state, or in a court of record of the United States or of another state of the United States, from the time of the rendition of the judgment or decree. The period of limitations is 6 years for an action founded upon a judgment or decree rendered in a court not of record of this state, or of another state, from the time of the rendition of the judgment or decree. A judgment entered in the district court of this state before May 25, 1973, is a judgment of a court not of record. A judgment entered in the district court of this state on or after May 25, 1973, except a judgment entered in the small claims division of the district court, is a judgment of a court of record. Within the applicable period of limitations prescribed by this subsection, an action may be brought upon the judgment or decree for a new judgment or decree. The new judgment or decree is subject to this subsection.

(4) For an action to enforce a support order that is enforceable under the support and parenting time enforcement act, Act No. 295 of the Public Acts of 1982, being sections 552.601 to 552.650 of the Michigan Compiled Laws, the period of limitations is 10 years from the date that the last support payment is due under the support order regardless of whether or not the last payment is made.

I assure you that you are not the first party who missed the deadline. There's simply no way to get around the statute.

There is no legal authority for a court to renew the judgment outside of the 10-year window.

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