How to stop a garnishment of taxes from a collection agency?

UPDATED: Nov 11, 2010

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How to stop a garnishment of taxes from a collection agency?

I entered into a loan and purchased a used vehicle in 2008 from a dealership. I defaulted in 03/09 due to unexpected 2nd spinal surgery in which the vehicle was under repossession. The vehicle never was found. Summons to appear in court 02/10 and was allowed by the loan agency to continue regular monthly payments starting 03/10. I make regular monthly payments to the debt collection company for the loan agency. I received a “Writ for Garnishment” for taxes (income tax refund/credit). I went to court and picked up an “Objection to Garnishment. Can you advise?

Asked on November 11, 2010 under Bankruptcy Law, Michigan


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The State of Michigan has done a tremendous job in placing on their website the information and forms necessary in order to deal with garnishment from both a creditor and a debtor perspective.  As for the objection that you picked up, you have to give a good reason as to why you are objecting.  Here are those that have been listed:

  • the funds or property are exempt from garnishment by law
  • garnishment is precluded by the pendency of bankruptcy proceedings
  • garnishment is barred by an installment payment order
  • garnishment is precluded because the maximum amount permitted by law is being withheld pursuant to a higher priority garnishment or order
  • the judgment has been paid
  • the garnishment was not properly issued or is otherwise invalid
  • Go to and look through the self help garnishment portion of the site.  Good luck.

    IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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