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Approved, SCAO
•
STATE OF MICHIGAN
Original - Garnishee (Part 1)
1st copy - Court (Part 2)
2nd copy - Defendant (Part 2)
3rd copy - Return (proof of service) (Part 2)
4th copy - Plaintiff/Attorney (proof) (Part 2)
•
CASE NO.
JUDICIAL DISTRICT
JUDICIAL CIRCUIT
REQUEST AND WRIT FOR GARNISHMENT
(PERIODIC)
Court address
•
Zip code
Court telephone no.
Plaintiff's name and address (judgment creditor)
Defendant's name and address (judgment debtor)
Plaintiff's attorney, bar no., and address
Social security no.
Employee ID or account no.
v
•
•
Garnishee name and address
Telephone no.
•
••••
REQUEST See separate instructions.
1. Plaintiff received judgment against defendant for $
2. The total amount of judgment interest accrued to date is $
on
. The total amount of postjudgment costs accrued to
.
date is $
amount of the unsatisfied judgment now due (including interest and costs) is $
. The total amount of postjudgment payments made and credits to date is $
•
. The
.
3. Plaintiff knows or with good reason believes the garnishee is indebted to or possesses or controls property belonging to defendant.
4. Plaintiff requests a writ of periodic garnishment be paid to
plaintiff's attorney,
the court,
plaintiff,
and mailed to
plaintiff.
plaintiff's attorney.
the court.
I declare under the penalties of perjury that this request has been examined by me and that its contents are true to the best of my
information, knowledge, and belief.
Date
Plaintiff/Agent/Attorney signature
WRIT OF GARNISHMENT
IT IS ORDERED:
TO THE PLAINTIFF: Have all copies of the Garnishee Disclosure (form MC 14), two copies of this writ, and the disclosure fee ($6 if
the State of Michigan is the garnishee; $35 for all others) served on the garnishee within 182 days from the date of issue. If not properly served,
the writ of garnishment is invalid. After receiving your first payment under the garnishment, provide the garnishee and defendant a
statement of the balance remaining on the judgment, including interest and costs, at least once every 6 months. Within 21 days after
the judgment has been paid, including all interest and costs, provide the garnishee and defendant a garnishment release (form MC 50).
TO THE DEFENDANT: See separate instructions. You have 14 days after this writ is mailed or delivered to you to file objections
with the court. If you do not file objections within this time, periodic payments (money) owed to you by the garnishee may be withheld
and paid directly to the plaintiff until the judgment is satisfied.
TO THE GARNISHEE:
1. Within 7 days after you are served with this writ, deliver a copy of this writ to the defendant in person or mail a copy to
his or her last-known address by first-class mail.
2. Within 14 days after you are served with this writ, deliver or mail copies of your completed Garnishee Disclosure (form MC14) to
the court, plaintiff/attorney, and defendant. A default may be entered against you for failure to disclose.
3. Do not pay any obligations to the defendant unless allowed by statute or court rule.
4. If indebted to the defendant, withholding must begin according to court rule and continue until the judgment is satisfied. Unless
notified that an objection has been filed, begin forwarding withheld payments 28 days after you are served with this writ.
5. Make all payments withheld under this writ payable and mailed as specified in the request.
6. Within 14 days after the judgment is satisfied or you are no longer obligated to make periodic payments to the defendant, file a
final statement of the total amount paid on this writ with the court and mail or deliver copies to the plaintiff/attorney and defendant.
Date of issue
Clerk of the court/Deputy
Date of deadline for service
(182 days from date of issue)
MC 12 (10/19) REQUEST AND WRIT FOR GARNISHMENT (PERIODIC) (Part 1)
MCL 600.4011 et seq., MCR 3.101
Approved, SCAO
•
STATE OF MICHIGAN
Original - Garnishee (Part 1)
1st copy - Court (Part 2)
2nd copy - Defendant (Part 2)
3rd copy - Return (proof of service) (Part 2)
4th copy - Plaintiff/Attorney (proof) (Part 2)
•
CASE NO.
JUDICIAL DISTRICT
JUDICIAL CIRCUIT
REQUEST AND WRIT FOR GARNISHMENT
(PERIODIC)
Court address
•
Zip code
Court telephone no.
Plaintiff's name and address (judgment creditor)
Defendant's name and address (judgment debtor)
Plaintiff's attorney, bar no., and address
Employee ID or account no.
v
•
•
Garnishee name and address
Telephone no.
•
••••
REQUEST See separate instructions.
1. Plaintiff received judgment against defendant for $
2. The total amount of judgment interest accrued to date is $
on
. The total amount of postjudgment costs accrued to
.
date is $
amount of the unsatisfied judgment now due (including interest and costs) is $
. The total amount of postjudgment payments made and credits to date is $
•
. The
.
3. Plaintiff knows or with good reason believes the garnishee is indebted to or possesses or controls property belonging to defendant.
4. Plaintiff requests a writ of periodic garnishment be paid to
plaintiff's attorney,
the court,
plaintiff,
and mailed to
plaintiff.
plaintiff's attorney.
the court.
I declare under the penalties of perjury that this request has been examined by me and that its contents are true to the best of my
information, knowledge, and belief.
Date
Plaintiff/Agent/Attorney signature
WRIT OF GARNISHMENT
IT IS ORDERED:
TO THE PLAINTIFF: Have all copies of the Garnishee Disclosure (form MC 14), two copies of this writ, and the disclosure fee ($6 if
the State of Michigan is the garnishee; $35 for all others) served on the garnishee within 182 days from the date of issue. If not properly served,
the writ of garnishment is invalid. After receiving your first payment under the garnishment, provide the garnishee and defendant a
statement of the balance remaining on the judgment, including interest and costs, at least once every 6 months. Within 21 days after
the judgment has been paid, including all interest and costs, provide the garnishee and defendant a garnishment release (form MC 50).
TO THE DEFENDANT: See separate instructions. You have 14 days after this writ is mailed or delivered to you to file objections
with the court. If you do not file objections within this time, periodic payments (money) owed to you by the garnishee may be withheld
and paid directly to the plaintiff until the judgment is satisfied.
TO THE GARNISHEE:
1. Within 7 days after you are served with this writ, deliver a copy of this writ to the defendant in person or mail a copy to
his or her last-known address by first-class mail.
2. Within 14 days after you are served with this writ, deliver or mail copies of your completed Garnishee Disclosure (form MC14) to
the court, plaintiff/attorney, and defendant. A default may be entered against you for failure to disclose.
3. Do not pay any obligations to the defendant unless allowed by statute or court rule.
4. If indebted to the defendant, withholding must begin according to court rule and continue until the judgment is satisfied. Unless
notified that an objection has been filed, begin forwarding withheld payments 28 days after you are served with this writ.
5. Make all payments withheld under this writ payable and mailed as specified in the request.
6. Within 14 days after the judgment is satisfied or you are no longer obligated to make periodic payments to the defendant, file a
final statement of the total amount paid on this writ with the court and mail or deliver copies to the plaintiff/attorney and defendant.
Date of issue
Clerk of the court/Deputy
Date of deadline for service
(182 days from date of issue)
MC 12 (10/19) REQUEST AND WRIT FOR GARNISHMENT (PERIODIC) (Part 2)
MCL 600.4011 et seq., MCR 3.101
INSTRUCTIONS
Definitions
• A periodic garnishment lets the plaintiff (creditor) take money from a source that pays you on a regular basis such as your
• A "garnishee" is a person who has control over some or all of the money that is paid to the defendant. For example, an
earnings or income from rental properties.
employer could be a garnishee.
• Periodic payments are payments made by the garnishee to the defendant on a regular basis. These payments could be
paychecks, rent payments, land contract payments, or other contract payments.
Instructions for the Plaintiff for Item 2:
If a civil judgment does not include judgment interest in the "total judgment" field, the interest amount reported in item 2 should be
accrued from the date the complaint was filed.
If a civil judgment includes judgment interest in the “total judgment” field (as in the forms in use before the 5/07 revisions), the interest
amount reported in item 2 should not include any postfiling interest already included in the judgment.
1. This writ has been issued because there is a judgment against you that you have not paid. In order to collect on this judgment,
Instructions for the Defendant:
income to be paid to you may be garnished.
2. You may object to this garnishment if:
a. your income is exempt from garnishment by law (see examples below),
b. you have a pending bankruptcy proceeding,
c. the maximum withheld exceeds the amount allowed by law,
d. you have an installment payment order,
e. you have paid the judgment in full,
f.
g. you believe the balance on the statement the creditor sent to you is wrong.
the garnishment was not properly issued or is otherwise invalid,
3. Certain income is exempt from garnishment and the law gives you the right to claim this income as exempt to prevent it from
being used to collect on this judgment. You may want to contact your lawyer or legal aid agency for further assistance.
4. You may send the plaintiff a written request to review postjudgment costs and fees listed in item 2 of the request. Within 28
days after receiving your request, the plaintiff must send an itemized list of the postjudgment costs and fees to you and the court.
Within 28 days after receiving the itemized list, you may file a motion with the court to review the postjudgment costs and fees
if you believe they are wrong. If the judge rules in your favor, the judge may order the motion fee to be deducted from the judgment
balance.
5. For more information on garnishments and debt collection, please visit MichiganLegalHelp.org.
If you have a smartphone, scan the code to the right for help.
EXAMPLES OF INCOME EXEMPT FROM GARNISHMENT
The following are examples of some types of income that are exempt from garnishment and the citations where each type may be
found in the law. Please note that this is not intended as a complete list. You may want to contact your lawyer or legal aid
agency for further assistance.
Individual Retirement Account (IRA) - [MCL 600.6023(1)(k)]
•
• Social Security Benefits - [42 USC, Section 407]
• Supplemental Security Income Benefits (SSI) - [42 USC, Section 1383(d)]
• Aid to Families with Dependent Children (AFDC) - [MCL 400.63]
• General Assistance Benefits (GA) - [MCL 400.63]
• Unemployment Compensation Benefits - [MCL 421.30]
• Veterans Assistance Benefits - [38 USC, Section 3101]
• Workers' Compensation Benefits - [MCL 418.821]
• Cash value or proceeds of life insurance or annuity, payable to the spouse or children of the insured - [MCL 500.2207(1)]
•
•
• U.S. Civil Service Retirement Benefits - [5 USC, Section 8346]
Income benefits under the Michigan Civil Service Act - [MCL 38.40]
Income benefits under the Michigan Retirement Act - [MCL 421.30]
PROOF OF SERVICE
Case No.
REQUEST AND WRIT FOR
GARNISHMENT (PERIODIC)
TO PROCESS SERVER: You must serve the garnishee with two copies of the request and writ of garnishment, a disclosure form,
and the applicable fee, and file proof of service with the court clerk as directed by the plaintiff. If you are unable to complete service,
you must return this original and all copies to the court clerk.
CERTIFICATE / AFFIDAVIT OF SERVICE / NONSERVICE
OFFICER CERTIFICATE
I certify that I am a sheriff, deputy sheriff, bailiff, appointed
court officer, or attorney for a party [MCR 2.104(A)(2)], and
that:
(notarization not required)
OR
AFFIDAVIT OF PROCESS SERVER
Being first duly sworn, I state that I am a legally competent
adult who is not a party or an officer of a corporate party, and
that:
(notarization required)
I served two copies of the request and writ of garnishment, a disclosure form, and the applicable fee by:
personal service
registered or certified mail (copy of return receipt attached) on:
Garnishee name
Complete address of service
Day, date, time
I have personally attempted to serve the writ of garnishment, a disclosure form, and the applicable fee on the garnishee and have
been unable to complete service.
Garnishee name
Complete address of service
Day, date, time
I declare under the penalties of perjury that this certificate has been examined by me and that its contents are true to the best of my
information, knowledge, and belief.
Miles traveled Fee
Service fee
$
Incorrect address fee Miles traveled Fee
$
$
$
TOTAL FEE
$
Signature
Name (type or print)
Title
Subscribed and sworn to before me on
Date
.
My commission expires:
Date
Deputy clerk/Notary public signature
Name (type or print)
Notary public, State of Michigan, County of .
This notarial act was performed using an electronic notarization system or a remote electronic notarization platform
Acting in the County of .
I acknowledge that I have received two copies of the request and writ of garnishment, a disclosure form, and the applicable fee on
ACKNOWLEDGMENT OF SERVICE
.
on behalf of
Day, date, time
Signature
MCR 2.105
