Legal Question in Credit and Debt Law in Michigan

Unreasonable divorce attorney garnishing us into poor health

I am a domestic violence survivor of 20 years. I have been unable to pay my attorneys' bill due to lack of work. I am an older worker, nearly 50, with a 20 year gap in my work history. I have been trying to find a permanant full-time job for over two years to no avail. We have been forced to survive on spousal, child support and whatever unemployment benefits and part-time temp work I can get. We are struggling to pay our most basic expenses and living well below the poverty line. This attorney sued me for his money, has a judgement against me and is garnishing my state income tax. I have minor children at home, and I desperately need my full refund this year to have emergency dental work done for my son and myself... I cannot obtain a payment plan with any dentist, due to the fact that this attorney has placed a bad mark on my credit report. I asked him to please consider dropping the tax garnishment and offered him a small monthly payment instead, and he refused. I will probably lose at least one tooth because I can't obtain dental care now. Do I have any recourse here? He seems to have absolutely no regard for people who want to pay but are genuinely struggling. My total income last year from all sources was less than 10,000.


Asked on 1/29/09, 2:28 pm

2 Answers from Attorneys

Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Unreasonable divorce attorney garnishing us into poor health

I know of no way to force the attorney to stop lawfully pursing collection. You should consult an attorney about bankruptcy which would discharge the judgment.

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Answered on 1/30/09, 8:47 am
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Unreasonable divorce attorney garnishing us into poor health

Unfortunately the attorney - or any other creditor - does not have to accept lower payments and it appears he has complied with the law regarding garnishments.

You may wish to consult with me regarding bankruptcy, depending on your situation and if you have other debts that could be discharged, which would provide you with great relief and a fresh start.

If you want to set up a consultation, please contact me. Thanks.

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Answered on 1/31/09, 10:11 pm


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