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Approved, SCAO
• STATE OF MICHIGAN
Original - Garnishee (Part 1)
1st copy - Court (Part 2)
2nd copy - Defendant (Part 2)
JUDICIAL DISTRICT
JUDICIAL CIRCUIT
REQUEST AND WRIT FOR GARNISHMENT
(NONPERIODIC)
3rd copy - Return (proof of service) (Part 2)
4th copy - Plaintiff/Attorney (proof) (Part 2)
• CASE NO.
Court address
• Zip Code
Court telephone no.
Account no.
to date is $
See instructions for item 2 on other side.
REQUEST
1. Plaintiff received judgment against defendant for $
2. The total amount of judgment interest accrued to date is $
The amount of the unsatisfied judgment now due (including interest and costs) is • $
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 nonperiodic garnishment be paid to
and mailed to
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.
.
. The total amount of postjudgment costs accrued
.
. The total amount of postjudgment payments made and credits to date is $
plaintiff’s attorney,
plaintiff’s attorney.
the court.
the court,
plaintiff.
plaintiff,
on
.
Date
Plaintiff/Agent/Attorney signature
WRIT OF GARNISHMENT
To be completed by the court. See other side for additional information and instructions.
representing property in which you claim an interest held in the possession or control of the garnishee.
TO THE PLAINTIFF: You must provide all copies of the disclosure form (MC 14), two copies of this writ for serving on the
garnishee, and a $1.00 disclosure fee for serving on the garnishee. You are responsible for having these documents served on
the garnishee within 182 days. If the disclosure states that the garnishee holds property other than money belonging to the
defendant, you must motion the court within 56 days after the disclosure is filed for an order to apply the property toward the
judgment. NOTE: The social security number field is blacked out for security reasons on all parts except the garnishee copy.
TO THE DEFENDANT: See separate instructions.
1. Do not dispose of any negotiable instrument representing a debt of the garnishee or any negotiable instrument of title
2. You have 14 days after this writ is mailed or delivered to you to file objections with the court. If you do not take this action
within this time, without further notice, the property or debt held under this writ may be applied to the judgment 28 days
after this writ was mailed or delivered to the garnishee.
TO THE GARNISHEE:
1. Within 7 days after you are served with this writ, you must deliver a copy of this writ to the defendant in person or mail a
2. Deliver no tangible or intangible property and pay no obligation to the defendant unless allowed by statute or court rule.
3. Within 14 days after you are served with this writ, you must deliver or mail copies of your verified disclosure (form MC 14)
to the court, plaintiff/attorney, and defendant. A default may be entered against you for failure to comply with this order.
4. If indebted to the defendant, you must withhold an amount not to exceed the amount of the judgment stated in item 2 of
the request. Payment of withheld funds must be made 28 days after you are served with this writ unless notified that an
objection has been filed.
5. Make all payments withheld under this writ payable and mailed as specified in the request.
6. If you hold property other than money belonging to the defendant, do not transfer it until further order of the court.
copy to his or her last-known address by first-class mail.
Date of issue
Expiration date for service
Deputy court clerk
MC 13
(7/20) REQUEST AND WRIT FOR GARNISHMENT (NONPERIODIC) (Part 1)
MCL 600.4011 et seq., MCR 3.101Plaintiff’s name and address (judgment creditor)vDefendant’s name and address (judgment debtor)Plaintiff’s attorney, bar no., and addressSocial security no.Garnishee name and addressTelephone no.••••••• Approved, SCAO
• STATE OF MICHIGAN
Original - Garnishee (Part 1)
1st copy - Court (Part 2)
2nd copy - Defendant (Part 2)
JUDICIAL DISTRICT
JUDICIAL CIRCUIT
REQUEST AND WRIT FOR GARNISHMENT
(NONPERIODIC)
3rd copy - Return (proof of service) (Part 2)
4th copy - Plaintiff/Attorney (proof) (Part 2)
• CASE NO.
Court address
• Zip Code
Court telephone no.
to date is $
See instructions for item 2 on other side.
REQUEST
1. Plaintiff received judgment against defendant for $
2. The total amount of judgment interest accrued to date is $
The amount of the unsatisfied judgment now due (including interest and costs) is • $
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 nonperiodic garnishment be paid to
and mailed to
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.
.
. The total amount of postjudgment costs accrued
.
. The total amount of postjudgment payments made and credits to date is $
plaintiff’s attorney,
plaintiff’s attorney.
the court.
the court,
plaintiff,
plaintiff.
on
.
Date
Plaintiff/Agent/Attorney signature
WRIT OF GARNISHMENT
To be completed by the court. See other side for additional information and instructions.
representing property in which you claim an interest held in the possession or control of the garnishee.
TO THE PLAINTIFF: You must provide all copies of the disclosure form (MC 14), two copies of this writ for serving on the
garnishee, and a $1.00 disclosure fee for serving on the garnishee. You are responsible for having these documents served on
the garnishee within 182 days. If the disclosure states that the garnishee holds property other than money belonging to the
defendant, you must motion the court within 56 days after the disclosure is filed for an order to apply the property toward the
judgment. NOTE: The social security number field is blacked out for security reasons on all parts except the garnishee copy.
TO THE DEFENDANT: See separate instructions.
1. Do not dispose of any negotiable instrument representing a debt of the garnishee or any negotiable instrument of title
2. You have 14 days after this writ is mailed or delivered to you to file objections with the court. If you do not take this action
within this time, without further notice, the property or debt held under this writ may be applied to the judgment 28 days
after this writ was mailed or delivered to the garnishee.
TO THE GARNISHEE:
1. Within 7 days after you are served with this writ, you must deliver a copy of this writ to the defendant in person or mail a
2. Deliver no tangible or intangible property and pay no obligation to the defendant unless allowed by statute or court rule.
3. Within 14 days after you are served with this writ, you must deliver or mail copies of your verified disclosure (form MC 14)
to the court, plaintiff/attorney, and defendant. A default may be entered against you for failure to comply with this order.
4. If indebted to the defendant, you must withhold an amount not to exceed the amount of the judgment stated in item 2 of
the request. Payment of withheld funds must be made 28 days after you are served with this writ unless notified that an
objection has been filed.
5. Make all payments withheld under this writ payable and mailed as specified in the request.
6. If you hold property other than money belonging to the defendant, do not transfer it until further order of the court.
copy to his or her last-known address by first-class mail.
Date of issue
Expiration date for service
Deputy court clerk
MC 13
(7/20) REQUEST AND WRIT FOR GARNISHMENT (NONPERIODIC) (Part 2)
MCL 600.4011 et seq., MCR 3.101Plaintiff’s name and address (judgment creditor)vDefendant’s name and address (judgment debtor)Plaintiff’s attorney, bar no., and addressSocial security no.Garnishee name and addressTelephone no.••••••• For further information on garnishments, visit www.michiganlegalhelp.org.
NONPERIODIC GARNISHMENTS
Definitions
Nonperiodic Garnishment - a garnishment of property or obligations made on a nonperiodic basis, including but not limited to
bank accounts, property, money, goods, chattels, credits, and negotiable instruments or effects. Do not use this form to garnish
income tax refunds from the State of Michigan; see Michigan statutes for specific procedures to garnish state income tax.
Additional Instructions for the Plaintiff:
You must provide information that will permit the garnishee to identify the defendant such as the defendant’s address, social
security number, account number, etc.
Instructions 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.
If the disclosure states that the garnishee holds property belonging to the defendant, you must motion the court (with notice to
the defendant and the garnishee) for an order, which will tell the garnishee to take the defendant’s property, sell it, and apply
it toward your judgment. If there are no pending objections to the garnishment and you have not filed such a motion within 56
days after the filing of the disclosure, the garnishment is dissolved and the garnishee may release the property to the
defendant.
judgment, income owed to you may be withheld or property belonging to you may be taken from you and sold.
a. your income is exempt from garnishment by law,
b. you have a pending bankruptcy proceeding,
c. the maximum withheld exceeds the amount allowed by law,
d. you have paid the judgment in full,
e. the garnishment was not properly issued or is otherwise invalid.
Additional Instructions for the Defendant:
1. This writ has been issued because there is a judgment against you that you have not paid. In order to collect on this
2. You may object to this garnishment if:
3. 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.
4. 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. 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. This is not intended as a complete list. You may
want to contact your lawyer or legal aid agency for further assistance.
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]
• The first $500.00 on deposit in a savings and loan savings account - [MCL 491.628]
• Cash value or proceeds of life insurance or annuity, payable to the spouse or children of the insured - [MCL 500.2207(1)]
• Income benefits under the Michigan Civil Service Act - [MCL 38.40]
• Income benefits under the Michigan Retirement Act - [MCL 421.30]
• U.S. Civil Service Retirement Benefits - [5 USC, Section 8346]
PROOF OF SERVICE
REQUEST AND WRIT FOR
GARNISHMENT (NONPERIODIC)
Case No.
TO PROCESS SERVER: You must serve the garnishee with two copies of the request and writ of garnishment, a disclosure
form, and any 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 any applicable fee by:
Garnishee name
registered or certified mail (copy of return receipt attached) on:
Complete address of service
personal service
Day, date, time
I have personally attempted to serve the writ of garnishment, a disclosure form, and any 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 is contents are true to the best
of my information, knowledge, and belief.
Service fee
$
Miles traveled 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:
Notary public, State of Michigan, County of
Date
Deputy clerk/Notary public signature
Name (type or print)
.
Acting in the County of
This notarial act was performed using an electronic notarization system or a remote electronic notarization platform.
.
.
I acknowledge that I have received two copies of the request and writ of garnishment, a disclosure form, and any applicable
ACKNOWLEDGMENT OF SERVICE
fee on
Day, date, time
Signature
.
on behalf of
MCR 2.105
