One out of every four dollars. That is the share of your take-home pay a Michigan creditor can legally pull from each paycheck once a wage garnishment starts, and the clock to fight back is far shorter than most people expect.
A garnishment notice in the mail is a hard moment. A creditor has won a court judgment, and your employer is about to deduct money straight from your paycheck before you ever see it. Detroit workers ask the same first question: how much can they actually take, and how fast can you stop it?
This guide answers both questions in plain Michigan terms. It covers the federal cap, the Michigan procedure under MCR 3.101, the 14-day deadline to object, and the bankruptcy filings that stop most garnishments before the next payroll cycle.
What Wage Garnishment Means Under Michigan Law
Wage garnishment is a court process. A creditor who has already obtained a money judgment uses a writ to order your employer to withhold part of every paycheck and send it to the court or directly to the creditor.
In Michigan, the procedure runs through MCR 3.101 for periodic garnishments and MCL 600.4012 for the underlying statutory authority.[3][4] Your employer is not negotiating with the creditor. They are following a court order, with a 14-day deadline of their own to file a garnishee disclosure.
The garnishment runs until the judgment, post-judgment interest, court costs, and statutory fees are paid in full. Under MCL 600.4012, a single periodic writ stays in effect continuously, and the plaintiff must serve a statement of remaining balance on you every six months. The pre-2015 system, under which a periodic writ expired after 182 days and had to be renewed, no longer applies.
Federal vs. Michigan Wage Garnishment Limits
Two layers of law set the cap. The federal Consumer Credit Protection Act (CCPA) at 15 U.S.C. § 1673 sets a national floor, and Michigan tracks that floor rather than imposing a tighter cap for consumer debt.[9]
The table below summarizes how the cap changes by debt type. Use the statute column when you need to verify the rule yourself.
| Debt Type | Federal Cap | Michigan Cap | Statute |
|---|---|---|---|
| Consumer judgment (credit card, medical, deficiency) | Lesser of 25% of disposable earnings or amount above 30x federal minimum wage | Same as federal | 15 U.S.C. § 1673(a); MCR 3.101 |
| Federal student loan (administrative) | 15% | 15% | 20 U.S.C. § 1095a |
| Child support (supports another dependent, no arrears) | Up to 50% | Up to 50% | 15 U.S.C. § 1673(b) |
| Child support (supports another dependent, 12+ weeks arrears) | Up to 55% | Up to 55% | 15 U.S.C. § 1673(b) |
| Child support (no other dependent, no arrears) | Up to 60% | Up to 60% | 15 U.S.C. § 1673(b) |
| Child support (no other dependent, 12+ weeks arrears) | Up to 65% | Up to 65% | 15 U.S.C. § 1673(b) |
| Federal tax debt (IRS levy) | Exempt-amount formula (standard deduction + personal exemptions / 52), not a percentage | Same as federal | 26 U.S.C. § 6334 |
“Disposable earnings” means gross pay minus the deductions required by law (federal, state, and local taxes; Social Security; Medicare; State Unemployment Insurance; mandatory retirement). Health insurance, 401(k) contributions, and union dues are not subtracted for the garnishment math, even if they come out of your paycheck before you see the deposit.[1]
The Three Types Detroit Workers See Most
Three garnishment categories generate the majority of writs that land on Detroit-area paychecks. Each follows a different statute and triggers a different defense strategy.
1. Court-Ordered Judgments for Consumer Debt
A credit card lender, hospital, or auto deficiency creditor sues you in district court, obtains a default or contested judgment, and waits the appeals window. Then they file an MC 12 Request and Writ for Garnishment (Periodic). The 25% cap controls.
The standard pattern in Wayne, Oakland, and Macomb County is a default judgment followed by a writ filed 6 to 8 weeks later. Many debtors never realize they were sued until the first short paycheck arrives.
2. Child Support and Spousal Support
The Michigan Friend of the Court (FOC) administers most support orders through an Income Withholding Order (IWO). Support orders bypass the consumer-debt cap and use the much higher 50% to 65% tier under 15 U.S.C. § 1673(b).[10]
Support garnishments take priority over consumer garnishments. They also survive bankruptcy: the automatic stay under 11 U.S.C. § 362(b)(2)(B) carves out domestic support obligations, so a Chapter 7 filing will not stop a child support IWO.
3. Federal Student Loan Garnishment
Federal student loans default after 270 days of nonpayment under 34 CFR § 685.102.[7] After default, the U.S. Department of Education and its guaranty agencies can use administrative wage garnishment without going to court, capped at 15% of disposable pay under 20 U.S.C. § 1095a.[6]
Borrowers must receive written notice at least 30 days before garnishment begins. They have the right to request a hearing, propose a written repayment agreement, or apply for loan rehabilitation. Each path can stop or pause the deduction if pursued before the cutoff. Our guide to student loan wage garnishment in Michigan walks through the rehabilitation and hearing options in detail.
4. IRS Tax Levies (Honorable Mention)
The IRS does not use a percentage cap. Under 26 U.S.C. § 6334, the exempt amount is calculated as the standard deduction plus personal exemptions for the taxable year, divided by 52 for weekly pay (or the equivalent for other pay periods).
The IRS publishes the resulting figures as ready-reference tables in Publication 1494.[11] The practical result is often more aggressive than a 25% civil garnishment.
How Michigan Garnishment Works, Step by Step
The five-step Michigan periodic garnishment process:
- Lawsuit filed. A creditor sues you in the appropriate Michigan district or circuit court.
- Judgment entered. Default if you do not appear, contested if you do. The appeals window runs 21 days for district court.
- Writ requested. The creditor files Form MC 12 Request and Writ for Garnishment (Periodic) along with a $35 fee.
- Employer served. The writ is served on your employer. The employer must file a garnishee disclosure (Form MC 14) within 14 days.
- Withholding begins. Once the disclosure is filed and the court calculates the cap, your employer withholds the capped amount each pay period and forwards it to the creditor or court.
Source: SCAO Form MC 12 instructions; MCR 3.101; MCL 600.4012.
The clock to object is short. From the day you receive a copy of the writ, you have 14 days under MCR 3.101(K) to file objections.[5] Miss the deadline and the writ is generally unreviewable absent a later showing of changed circumstances or exempt funds.
Exemptions and Protected Income
Not every dollar in your paycheck or bank account is fair game. Federal and Michigan law carve out categories of income that creditors generally cannot reach. The most common Detroit-relevant exemptions:
- Social Security retirement and disability. Generally exempt from consumer-debt garnishment under 42 U.S.C. § 407. Still reachable for child support, alimony, federal tax debt, and federal student loans under 42 U.S.C. § 659.[12]
- SSI and Veterans benefits. Categorically exempt from most garnishment.
- Michigan unemployment compensation. Exempt under MCL 421.30 except for child support obligations.
- Workers’ compensation benefits. Exempt under MCL 418.821 except for child support.
- Public assistance. Cash assistance, food assistance, and most public benefits are exempt.
If exempt funds have already been deposited into a bank account that is now frozen by a non-periodic writ, file objections on Form MC 49 (Objections to Garnishment) to claim the exemption and release them. Banks are required to honor the federal 2-month-lookback rule for Social Security deposits before applying any garnishment.
Does Michigan Have a Head-of-Household Exemption?
This is one of the most-searched questions on Detroit garnishment, and the honest answer is more nuanced than a simple yes or no.
Michigan does not have a Florida-style head-of-household exemption that fully exempts a worker’s paycheck from involuntary garnishment. For ordinary post-judgment consumer garnishment, Michigan follows the federal CCPA cap of 25% of disposable earnings or the 30x minimum wage floor under 15 U.S.C. § 1673.[9]
What Michigan does have is MCL 600.5311, which protects 60% of wages from wage assignments when the wage earner is the head of a household with dependents.[2] A wage assignment is a voluntary agreement, not the post-judgment writ creditors use after a lawsuit. The two are easy to confuse because the language overlaps.
Some Michigan attorneys raise the MCL 600.5311 principle by analogy when filing Form MC 49 objections in extreme hardship cases. Results vary by judge. If your household survives on a single income and the federal 25% cap would leave you below subsistence, the argument is worth raising, but do not count on it as an automatic shield.
How to Stop Wage Garnishment in Detroit
Five paths can stop or reduce an active Michigan garnishment. Pick based on your timeline, the type of debt, and how much room is left in the 14-day window.
1. File Objections (Form MC 49) Within 14 Days
If the writ is defective, the judgment was already paid, the funds are exempt, or the creditor has the wrong person, file SCAO Form MC 49 with the court that issued the writ.[5] The court will schedule a hearing within 21 days. If the objection succeeds, the writ is quashed.
2. Negotiate a Settlement or Installment Plan
Many judgment creditors will accept a discounted lump-sum payoff or release the writ in exchange for an agreed installment order. Get any agreement in writing and have it entered as a stipulated court order so the writ stops cleanly.
3. Apply for a Hardship Reduction (Student Loans)
For administrative wage garnishment on federal student loans, request a hardship hearing. Submit Department of Education Form SF-329D and supporting income documentation to argue for a lower percentage based on financial hardship.
4. Stop a Tax Levy Through an IRS Resolution
IRS levies stop when you enter a streamlined installment agreement, are placed in Currently Not Collectible status, file Form 656 for an Offer in Compromise, or pay the liability. Innocent spouse or injured spouse claims can also remove a levy in the right circumstances.
5. File Chapter 7 or Chapter 13 Bankruptcy
For most consumer judgments and federal student loan administrative garnishments, the fastest legal stop is the automatic stay under 11 U.S.C. § 362.[8] The moment a Chapter 7 or Chapter 13 petition is filed, most collection activity is enjoined. Notice to the garnishing creditor and the employer usually stops withholding by the next payroll cycle.
Chapter 7 discharges most consumer debt outright. Chapter 13 restructures debt into a 3 to 5-year repayment plan and can strip junior liens, reinstate auto loans in default, and cure mortgage arrears. The right chapter depends on income, assets, and which debts are driving the garnishment.
Employer Protection Against Firing
Federal law protects you from being fired because of a single garnishment. Under 15 U.S.C. § 1674, an employer cannot discharge an employee because their earnings have been subjected to garnishment for any one indebtedness.[13] The protection weakens once multiple garnishments from different creditors stack up. Michigan does not add a stronger state-law floor.
A Recent Wayne County Case
From our case files (Wayne County, 2025)A long-haul driver came into our office on a Tuesday afternoon with a writ already running. A credit card creditor had won a $14,200 default judgment three years earlier, and the first deduction had hit the previous Friday.
Take-home was already short by $380 on a paycheck the family needed in full to make rent.
We filed a Chapter 7 petition the same day. The CM/ECF notice of bankruptcy filing went out to the creditor and the payroll department before close of business. The next pay cycle ran full.
The discharge entered roughly 100 days later, and the debt was permanently extinguished. Total out-of-pocket cost: attorney fee plus filing fee, less than one month of the garnishment the family had been bracing for.
Speed matters in cases like this. The automatic stay protects against new collection activity but does not retroactively claw back funds the employer already sent to the creditor for the pay period that closed before filing. Filing in the gap between paychecks is the win.
Facing a Detroit Wage Garnishment? Talk to James Frego.
Frego & Associates has represented thousands of Michigan consumers in Chapter 7 and Chapter 13 cases over more than 25 years of practice. If a writ has already started cutting into your paycheck, the 14-day MCR 3.101(K) clock is running. Call for a free, confidential consultation with a Detroit bankruptcy attorney, or schedule a wage garnishment consultation online.
Frequently Asked Questions
How Much of My Paycheck Can Be Garnished in Detroit, Michigan?
Under the federal Consumer Credit Protection Act (15 U.S.C. § 1673), Michigan creditors can garnish the lesser of 25% of your disposable earnings or the amount by which your weekly disposable earnings exceed 30 times the federal minimum wage. Federal student loan servicers are capped at 15% of disposable earnings, and child support orders can reach 50% to 65% depending on whether you support another dependent and how far in arrears you are.[9][10]
How Long Does a Wage Garnishment Last in Michigan?
Under MCL 600.4012, a Michigan periodic writ of garnishment stays in effect continuously until the underlying judgment, plus interest, costs, and statutory fees, is paid in full. The plaintiff must serve a statement of remaining balance on the debtor every six months. The pre-2015 system, under which a periodic writ expired after 182 days and had to be renewed, no longer applies.[3][4]
Can I Stop Wage Garnishment by Filing Bankruptcy in Detroit?
Yes. Filing a Chapter 7 or Chapter 13 petition triggers the automatic stay under 11 U.S.C. § 362, which immediately halts most wage garnishments. The stay reaches the garnishing creditor by service of the bankruptcy notice, often stopping deductions before the next payroll cycle. Domestic support obligations (child support and alimony) are excepted from the stay under 11 U.S.C. § 362(b)(2)(B).[8]
Does Michigan Have a Head-of-Household Exemption From Wage Garnishment?
Michigan does not have a Florida-style head-of-household exemption that broadly stops wage garnishment. For ordinary post-judgment garnishment, Michigan follows the federal CCPA cap of 25% of disposable earnings. MCL 600.5311 does protect 60% of wages for household heads with families, but that statute applies to voluntary wage assignments rather than garnishment. Some Michigan attorneys raise the principle by analogy when objecting to a writ, with mixed results across courts.[2]
How Do I Object to a Wage Garnishment in Michigan?
File SCAO Form MC 49 (Objections to Garnishment and Notice of Hearing) with the court that issued the writ within 14 days of receiving your copy of the garnishment, per Michigan Court Rule 3.101(K). Common grounds include exempt funds (Social Security, SSI, public assistance), mistaken identity, the judgment already having been paid, or a defective writ. The court will schedule a hearing within 21 days.[5]
Can My Employer Fire Me for a Wage Garnishment?
No. Federal law (15 U.S.C. § 1674) prohibits an employer from firing an employee because of a single garnishment for any one debt. The protection weakens when multiple garnishments from different creditors stack up. Michigan law does not add an extra layer of protection beyond the federal floor, so document the timing if you believe you were terminated because of a single garnishment.[13]
Can Social Security or Unemployment Benefits Be Garnished in Michigan?
Social Security retirement and disability benefits are generally exempt from garnishment for consumer debt under 42 U.S.C. § 407, but they remain garnishable for child support, alimony, federal tax debt, and federal student loans (42 U.S.C. § 659). Michigan unemployment compensation is exempt under MCL 421.30 for most debts. Once federal exempt funds are deposited into a bank account, they remain protected, although you may need to file objections on Michigan Form MC 49 to claim the exemption if the account is frozen.[12]
What Is the 270-Day Rule for Federal Student Loan Garnishment?
Under 34 CFR § 685.102, a federal Direct Loan goes into default when a borrower fails to make payments for 270 days. After default, the Department of Education and its guaranty agencies can begin administrative wage garnishment of up to 15% of disposable pay under 20 U.S.C. § 1095a, without first obtaining a court judgment. Borrowers are entitled to a written notice 30 days before garnishment begins and the right to request a hearing.[6][7]
Sources
- U.S. Department of Labor, Wage and Hour Division. Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act’s Title III. dol.gov/agencies/whd/fact-sheets/30-cppa. Retrieved 2026-05-29.
- MCL 600.5311 (Wage Assignment Limitations). Michigan Legislature. legislature.mi.gov. Retrieved 2026-05-29.
- Michigan Court Rule 3.101 (Garnishment After Judgment). Michigan Supreme Court, current edition of the Michigan Court Rules. courts.michigan.gov. Retrieved 2026-05-29.
- MCL 600.4012 (Garnishment of Periodic Payments). Michigan Legislature. legislature.mi.gov. Retrieved 2026-05-29.
- State Court Administrative Office. Form MC 49: Objections to Garnishment and Notice of Hearing. courts.michigan.gov/scao-approved/mc49.pdf. Retrieved 2026-05-29.
- 20 U.S.C. § 1095a (Wage Garnishment Requirement). Cornell Legal Information Institute. law.cornell.edu/uscode/text/20/1095a. Retrieved 2026-05-29.
- 34 CFR § 685.102 (Definitions, William D. Ford Federal Direct Loan Program). Cornell Legal Information Institute. law.cornell.edu/cfr/text/34/685.102. Retrieved 2026-05-29.
- 11 U.S.C. § 362 (Automatic Stay). Cornell Legal Information Institute. law.cornell.edu/uscode/text/11/362. Retrieved 2026-05-29.
- 15 U.S.C. § 1673 (Restriction on Garnishment). Cornell Legal Information Institute. law.cornell.edu/uscode/text/15/1673. Retrieved 2026-05-29.
- 15 U.S.C. § 1673(b) (Exceptions for Support, Bankruptcy, and Taxes). Cornell Legal Information Institute. law.cornell.edu/uscode/text/15/1673. Retrieved 2026-05-29.
- 26 U.S.C. § 6334 (Property Exempt from Levy). Cornell Legal Information Institute. law.cornell.edu/uscode/text/26/6334. Retrieved 2026-05-29.
- 42 U.S.C. § 659 (Income Withholding and Garnishment for Child Support and Alimony). Cornell Legal Information Institute. law.cornell.edu/uscode/text/42/659. Retrieved 2026-05-29.
- 15 U.S.C. § 1674 (Restriction on Discharge from Employment by Reason of Garnishment). Cornell Legal Information Institute. law.cornell.edu/uscode/text/15/1674. Retrieved 2026-05-29.
Editor’s note on writ duration: many older Michigan attorney pages describe a periodic writ that expired after 182 days and had to be renewed. Public Act 14 of 2015 (effective September 30, 2015) amended MCL 600.4012 to replace that serial-writ system with continuous garnishment: a single periodic writ now stays in effect until the judgment is paid, with the plaintiff required to serve a statement of remaining balance every six months. This guide reflects the current statute.
About the reviewer. James Frego is the founder of Frego & Associates and a Michigan bankruptcy attorney with more than 25 years of consumer bankruptcy practice. He is a member of the State Bar of Michigan and the National Association of Consumer Bankruptcy Attorneys.
Legal disclaimer. This article is general legal information about Michigan and federal wage garnishment law as of May 29, 2026. It is not legal advice for any particular case, and reading it does not create an attorney-client relationship. Statutes and court rules change. For advice on your specific Detroit-area garnishment, contact Frego & Associates.
