Can Small Claims Court Garnish Wages?

The answer is: It depends. In the state of Michigan, creditors are allowed to take wages as garnishment unless the income is specified as exempt from garnishment. This is likely going to include any Social Security benefits, workers’ compensation benefits, and unemployment benefits, for example.

If a small claims court judgment declares you are entitled to compensation from the debtor, you will not immediately receive the amount of credit in question. You must wait at least twenty-one days before you can request a Writ of Garnishment which begins the wage garnishment process. 

Read on to learn who can garnish wages in the state of Michigan and what to do if you find yourself in this situation.

Who can garnish wages in Michigan?

Any party seeking collection of an outstanding debt, also known as a creditor, may seek wage garnishment in Michigan. A small claims court judgment that rules in favor of the creditor means that the creditor is entitled to go after the debtor’s wages. 

The good news for debtors is that wage garnishment is not immediate. The creditor must submit the proper forms to the court following the ruling to initiate the wage garnishment process, which takes time and resources to complete. 

The most common reasons people seek wage garnishment is for paying back taxes, child support, spousal support, vehicle registration fees, and court-ordered debts.

How to stop wage garnishment?

Being on the receiving end of wage garnishment can be a heavy financial burden. However, with the right legal representation, your attorney can develop a strategy to best defend your case in small claims court. Filing a Wage Garnishment Exemption or filing for bankruptcy in Michigan may be your best options to stop wage garnishment. In this scenario, it’s best to consult with a legal team that is experienced in wage garnishment, creditor harassment, and bankruptcy.

There are different types of bankruptcies that may be filed, so it’s best to speak to an experienced attorney to go over the best options for your individual situation.

Contact Wage Garnishment Attorneys Today 

If you find yourself dealing with wage garnishment, you should speak with specialized Michigan Wage Garnishment Attorneys at Moran Law as soon as possible. The sooner you schedule a consultation, the better the chances of having your wages garnished, significantly reduced, or eliminated. We can help you stop wage garnishment.