Beside child support, back taxes and student loans, can anyone garnish anothers wages without a court order?

UPDATED: Sep 30, 2022

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Beside child support, back taxes and student loans, can anyone garnish anothers wages without a court order?

A local car dealer is over charging a car loan. My conclusion is that the car dealer is either incompetent or a scam artist.

I would like to stop payments and have the car repossessed and was wondering if the dealer can automatically garnish wages without a court order. I have prove and have showed many professionals and all agree with me that something is not right with the payments and recording keeping from the dealership.

Asked on February 25, 2017 under Business Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, he would need a court order, which would require that he sue you, prove in court that you owe the money (and you could defend on the basis of showing that fraud was involved or that he violated any contract of sale or other agreement), and, if can convince the court that you owe and you still don't pay, then getting a wage garnishment order.

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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