QUESTION

Can I garnish my son's wages?

Asked on Apr 14th, 2012 on Bankruptcy - Michigan
More details to this question:
We have used thousands of dollars to help him with the promise of repayment as we are on a fixed income.
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3 ANSWERS

Securities Attorney serving Rochester, MI at Olson Law Firm
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Garnishment is a legal process that is only available after you obtain a judgment. So, you must sue your son first (or have him sign a consent judgment) before you can garnish any wages. It is possible for your son to authorize automatic withholding on each paycheck of a certain percentage or dollar amount. This would be voluntary and could be stopped any time by your son. But it would also have the features of a garnishment... that is, money taken out of each paycheck.
Answered on Apr 20th, 2012 at 1:49 PM

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Administrative Law Attorney serving Dowagiac, MI at Jane Phillipson Wilson, Attorney at Law
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If you sue him for the amount and get a judgment against him a garnishment order may be issued.
Answered on Apr 19th, 2012 at 6:24 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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I would hope that you have evidence and notes acknowledging your son's obligations to you. You will only be able to garnish his wages after you have a judgment against him. I would suggest you gather your information and see an attorney.
Answered on Apr 19th, 2012 at 6:22 PM

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