Garnishment question

[GuitarPlayer321]

Hello,
I am saving up money to file a bankruptcy but it seems now that my creditors are getting very aggressive and heavy handed. My question is my wife's paycheck was garnished and it puts us under the poverty level for a family of six. Michigan laws states they can go after 25% of disposable income w/o regards to my families hardship. We filed an objection to the writ and have a hearing date but poverty appears to be not a valid reason to object. My question is this: If she changes her withholding to an amount equal to the judgement can they cry foul? Seems like they can't dictate how much you have withheld can they? Since we should have no tax liability we would get all federally withheld taxes back. What would be left would be very little to garnish. would this work? It would give us some breathing room until the bankruptcy is paid and filed.

[HHM]

They take 25% of whatever is the net income. So if you increase your withholding, then yes, the creditor would get slightly less.

But, If your having trouble already with money, why would you reduce the amount of money you get in the first place.

Do the math on this one, I have a feeling it really doesn't add up in your favor. Also, it would probably be a short period of time since you are filing bankruptcy. By the time the changes take effect, and you do all the work, I doubt it will make much difference in the long run.

But, what is your time frame for filing Bk...I assume you are going to try and file before the October 17 deadline?

Also, the bankruptcy trustee will go after your income tax refund anyway if you cannot exempt, so it maybe a futile effort.

Just file BK as soon as you can and the garnishment will stop, altogether.

[shadowb]

I read a site mentioned on another post in this thread and it says something about being an exception that they can 25% except as otherwise ordered by a court.