Michigan Supreme Court - Michigan Courts - State of Michigan

Michigan Supreme Court State Court Administrative Office Trial Court Services Division Michigan Hall of Justice P.O. Box 30048 Lansing, Michigan 48909 Phone (517) 373-4835 Jennifer Warner Director

MEMORANDUM DATE:

April 11, 2018

FROM:

Matthew Walker, Forms and Resources Analyst

RE:

Notice of Revisions to MC 12, 13, 14, 48, 49, and 52

MC 12, 13, 14, 48, 49, and 52 are revised to accommodate court rule amendments to MCR 2.625 and MCR 3.101. These forms can be used beginning May 1, 2018. A brief explanation of the changes and a copy of each form with the changes highlighted are provided. For questions, comments, or suggestions about these court forms, contact 517-373-2217 or [email protected].

MC 12, Request and Writ for Garnishment (Periodic) Most recent update: (4/18) version Existing paper stock can be used until 5/1/2018.  Click here to see the highlighted changes. Item 2g in the instructions was revised to accommodate the change in MCR 3.101(K). New instructions were added for the defendant stating that he or she can request to review the postjudgment costs and fees to accommodate amendments to MCR 2.625(K).

Notice of Revisions to MC 12, 13, 14, 48, 49, and 52 April 11, 2018 Page 2 MC 13, Request and Writ for Garnishment (Nonperiodic) Most recent update: (4/18) version Existing paper stock can be used until 5/1/2018.  Click here to see the highlighted changes. "See separate instructions" was added to Parts 1 and 2 to reference the instructions. New instructions were added for the defendant stating that he or she can request to review the postjudgment costs and fees to accommodate amendments to MCR 2.625(K). The web address for Michigan Legal Help was corrected. On part 1, "Employee ID or" was removed to be consistent with part 2.

MC 14, Garnishee Disclosure Most recent update: (4/18) version Existing paper stock can be used until 5/1/2018.  Click here to see the highlighted changes. Revisions were made to the garnishee instructions page. A sentence was added to the "For periodic garnishments only" section to reflect that a creditor may provide a statement of the balance remaining on the judgment, including interest and costs under MCL 600.4012(5)(a). The garnishee should rely on this statement to determine when the judgment is satisfied. The Final Statement Instructions section was also revised. The word "report" was replaced with "statement" to reflect the language in MCR 3.101(J)(6). The sentence regarding the final statement was revised to reflect the amendments to MCR 3.101(J)(6).

MC 48, Final Statement on Garnishment of Periodic Payments Most recent update: (4/18) version Existing paper stock can be used until 5/1/2018.  Click here to see the highlighted changes. The statements regarding when to complete and file the form were replaced with a restatement of the amended MCR 3.101(J)(6). The items listed were updated to reflect what is required by the amended MCR 3.101(J)(6).

Notice of Revisions to MC 12, 13, 14, 48, 49, and 52 April 11, 2018 Page 3

MC 49, Objections to Garnishment and Notice of Hearing Most recent update: (4/18) version Existing paper stock can be used until 5/1/2018.  Click here to see the highlighted changes. In the "Objections to Garnishment" section, items were numbered. Item 1 is the objection to the writ of garnishment for reasons available in MCR 3.101(K)(2). A new item 2 was added for objections to the written statement received under MCL 600.4012(5)(a). Item 3 was modified to allow the defendant to choose whether they were served with the writ of garnishment or written statement. In the Notice of Hearing section, item 4a and 4b were modified to include a reference to the written statement. The citation to MCR 3.101(K)(3) was updated in the footer of the form. The instructions were modified to indicate when you can object to a written statement in accordance with MCR 3.101(K)(2).

MC 52, Request and Writ for Garnishment (Income Tax Refund/Credit) Most recent update: (4/18) version Existing paper stock can be used until 5/1/2018.  Click here to see the highlighted changes. “See separate instructions" was added to Parts 1 and 2 to reference a new instruction page. A new instruction page for the defendant was added as a backer to part 2. The instructions were copied from MC 13, Non Periodic Garnishment.

Original - Garnishee (Part 1) 1st copy - Court (Part 2) 2nd copy - Defendant (Part 2)

Approved, SCAO

•

STATE OF MICHIGAN JUDICIAL DISTRICT JUDICIAL CIRCUIT

•

CASE NO.

REQUEST AND WRIT FOR GARNISHMENT (PERIODIC)

• Zip code

Court address

•

3rd copy - Return (proof of service) (Part 2) 4th copy - Plaintiff/Attorney (proof) (Part 2)

Court telephone no.

Plaintiff's name and address (judgment creditor)

•

Defendant's name and address (judgment debtor)

v

Plaintiff's attorney, bar no., and address

• • • •

Employee ID or account no.

• Garnishee name and address

Telephone no.

REQUEST

See separate instructions.

1. Plaintiff received judgment against defendant for $ on . 2. The total amount of judgment interest accrued to date is $ . The total amount of postjudgment costs accrued to date is $ . The total amount of postjudgment payments made and credits 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 periodic garnishment. I declare that the statements above are true to the best of my information, knowledge, and belief. Plaintiff/Agent/Attorney signature

Date

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. You are ordered to make all payments withheld under this writ payable to: the plaintiff the plaintiff's attorney the court and mail them to: the plaintiff. the plaintiff's attorney. the court. 5. 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

MC 12

(4/18)

Date of deadline for service (182 days from date of issue)

Clerk of the court/Deputy

REQUEST AND WRIT FOR GARNISHMENT (PERIODIC) (Part 2)

MCL 600.4011 et seq., MCR 3.101


Approved, SCAO

•


•

CASE NO.

REQUEST AND WRIT FOR GARNISHMENT (PERIODIC)

• Zip code

Court address

•


Court telephone no.


•


v


• • • •

•

Social security no.

Employee ID or account no.

Garnishee name and address Telephone no.

REQUEST

See separate instructions.

1. Plaintiff received judgment against defendant for $ on . 2. The total amount of judgment interest accrued to date is $ . The total amount of postjudgment costs accrued to date is $ . The total amount of postjudgment payments made and credits 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 periodic garnishment. I declare that the statements above are true to the best of my information, knowledge, and belief. Plaintiff/Agent/Attorney signature

Date

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. You are ordered to make all payments withheld under this writ payable to: the plaintiff the plaintiff's attorney the court and mail them to: the plaintiff. the plaintiff's attorney. the court. 5. 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

MC 12 (4/18)

Date of deadline for service (182 days from date of issue)

Clerk of the court/Deputy

REQUEST AND WRIT FOR GARNISHMENT (PERIODIC) (Part 1)

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 earnings or income from rental properties. • A "garnishee" is a person who has control over some or all of the money that is paid to the defendant. For example, an 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. 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 judgment, 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. the garnishment was not properly issued or is otherwise invalid, g. you believe the balance on the statement the creditor sent to you is wrong. 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)] 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 (PERIODIC) Case No.

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 OR 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)

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


Day, date, time

I declare that the statements above are true to the best of my information, knowledge, and belief.

Service fee

Signature

Miles traveled Fee

$

$

Incorrect address fee Miles traveled Fee

TOTAL FEE

$

$

$

Name (type or print) Title

Subscribed and sworn to before me on My commission expires:

,

Date

Date

Signature:

County, Michigan.

Deputy court clerk/Notary public

Notary public, State of Michigan, County of

ACKNOWLEDGMENT OF SERVICE I acknowledge that I have received two copies of the request and writ of garnishment, a disclosure form, and the applicable fee on . Day, date, time

on behalf of Signature

MCR 2.105


Approved, SCAO

•


•

CASE NO.

REQUEST AND WRIT FOR GARNISHMENT (NONPERIODIC)

• Zip code

Court address

•


Court telephone no.


•


v Account no.


• • • •

• Garnishee name and address

Telephone no.

REQUEST

See instructions for item 2 on other side.

1. Plaintiff received judgment against defendant for $ on . 2. The total amount of judgment interest accrued to date is $ . The total amount of postjudgment costs accrued to date is $ . The total amount of postjudgment payments made and credits 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. I declare that the statements above are true to the best of my information, knowledge, and belief. Date

Plaintiff/Agent/Attorney signature

WRIT OF GARNISHMENT

To be completed by the court. See other side for additional information and instructions.

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 representing property in which you claim an interest held in the possession or control of the garnishee. 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 copy to his or her last-known address by first-class mail. 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. You are ordered to make the payment withheld under this writ payable to: the plaintiff the plaintiff's attorney the court and mail it to: the plaintiff. the plaintiff's attorney. the court. 5. If you hold property other than money belonging to the defendant, do not transfer it until further order of the court. Date of issue MC 13 (4/18)

Expiration date for service

Deputy court clerk

REQUEST AND WRIT FOR GARNISHMENT (NONPERIODIC) (Part 2)

MCL 600.4011 et seq., MCR 3.101


Approved, SCAO

•


•

CASE NO.

REQUEST AND WRIT FOR GARNISHMENT (NONPERIODIC)

• Zip code

Court address

•


Court telephone no.


•


v Plaintiff's attorney, bar no., and address

• • • •

Social security no.

•

Account no.

Garnishee name and address

Telephone no.

REQUEST

See instructions for item 2 on other side.

1. Plaintiff received judgment against defendant for $ on . 2. The total amount of judgment interest accrued to date is $ . The total amount of postjudgment costs accrued to date is $ . The total amount of postjudgment payments made and credits 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. I declare that the statements above are true to the best of my information, knowledge, and belief. Date


WRIT OF GARNISHMENT

To be completed by the court. See other side for additional information and instructions.

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 representing property in which you claim an interest held in the possession or control of the garnishee. 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 copy to his or her last-known address by first-class mail. 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. You are ordered to make the payment withheld under this writ payable to: the plaintiff the plaintiff's attorney the court and mail it to: the plaintiff. the plaintiff's attorney. the court. 5. If you hold property other than money belonging to the defendant, do not transfer it until further order of the court. Date of issue MC 13 (4/18)

Expiration date for service

Deputy court clerk

REQUEST AND WRIT FOR GARNISHMENT (NONPERIODIC) (Part 1)

MCL 600.4011 et seq., MCR 3.101

For further information on garnishments, visit 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 instrucments 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. 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 judgment, income owed to you may be withheld or property belonging to you may be taken from you and sold. 2. You may object to this garnishment if: 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. 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 OR 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)


I served two copies of the request and writ of garnishment, a disclosure form, and any applicable fee by: personal service registered or certified mail (copy of return receipt attached) on: Garnishee name


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


Day, date, time


Service fee

Signature

Miles traveled Fee

$

$


TOTAL FEE

$

$

$

Subscribed and sworn to before me on My commission expires:


,

Date

Date

Signature:

County, Michigan.


Notary public, State of Michigan, County of

ACKNOWLEDGMENT OF SERVICE I acknowledge that I have received two copies of the request and writ of garnishment, a disclosure form, and any applicable fee on . Day, date, time

on behalf of Signature

MCR 2.105

Original - Court 1st copy - Plaintiff 2nd copy - Garnishee 3rd copy - Defendant

Approved, SCAO


CASE NO. GARNISHEE DISCLOSURE

Court address

Court telephone no.

Plaintiff's name, address, and telephone no. (judgment creditor)

Defendant's name, address, and telephone no. (judgment debtor)

v Plaintiff's attorney, bar no., address, and telephone no.

Garnishee name and address

SEE INSTRUCTIONS ON OTHER SIDE

1. This disclosure is for a writ of garnishment issued on and received by garnishee on . a. The garnishee mailed or delivered a copy of the writ of garnishment to the defendant on . b. The garnishee was unable to mail or deliver a copy of the writ of garnishment to the defendant. c. The garnishee will not withhold payments under the writ of garnishment. The writ of garnishment was served after the deadline date for service and the writ is invalid. 2. At the time of service of the writ: Nonperiodic Garnishments a. The garnishee is not indebted to the defendant for any amount and does not possess or control the defendant's property, money, etc. Reason: b. The garnishee is indebted to the defendant for nonperiodic payments as follows: Description of property, money, negotiable instruments, etc. under garnishee's control

Type of account and account number, if applicable

The amount to be withheld is $ and does not exceed the amount stated in item 2 of the writ. c. Withholding is exempt because . State the exemption and legal authority Periodic Garnishments d. The garnishee is not obligated to pay the defendant during the period of the writ. Reason: not employed. other e. The garnishee is obligated to pay the defendant during the period of the writ. Payments are for earnings. nonearnings . Specify nature of payment (see instructions on other side)

Payments are made

weekly.

biweekly.

semimonthly.

monthly.

other: frequency of payment

A higher priority writ/order

is

is not

Name of court that issued higher priority writ/order

currently in effect.

If a higher priority writ/order is in effect, complete the following.

Case number

Withholding under this writ will begin immediately if sufficient funds are available. will not begin immediately because defendant is laid off.

Date served

Date issued

sick.

on leave.

other:

. specify

I declare that the statements above are true to the best of my information, knowledge, and belief. Garnishee/Agent/Attorney signature

Date

I certify that: on on on

I mailed or personally delivered the original of this disclosure to the court. I mailed or personally delivered a copy of this disclosure to the plaintiff/attorney. I mailed or personally delivered a copy of this disclosure to the defendant. Garnishee/Agent/Attorney signature

Date

DO NOT Include Your Payment With This Disclosure. See item 3 of the instructions for details. MC 14 (4/18)

GARNISHEE DISCLOSURE

15 USC 1672, 15 USC 1673, MCR 3.101

GARNISHEE INSTRUCTIONS Definitions • A garnishment is a court order allowing the plaintiff (creditor) to take part or all of money owed to the defendant to pay for a judgment. You have been identified as a "garnishee," a person who has control over some or all of the money that is paid to the defendant. • Periodic payments are payments you make to the defendant on a regular basis. These payments could be paychecks, rent payments, land contract payments, or other contract payments. • Nonperiodic payments include bank accounts, other property, money, goods, chattels, credits, negotiable instruments or effects, or earnings in the form of bonuses that are not paid to the principal defendant on a periodic basis. The rest of these instructions do not apply to garnishment of property, which needs to be sold before it can be applied to the judgment. Responsibility to Disclose: Within 14 days after being served with the writ of garnishment, you must deliver or mail copies of this completed disclosure to the court, plaintiff's attorney (or plaintiff, if no attorney), and the defendant. This applies even if you are not indebted or not obligated to make periodic payments to the defendant. No further disclosures are required. Withholding Instructions: As the garnishee, you are being court ordered to withhold all or part of the money you owe the defendant to pay the plaintiff's judgment. You are required to withhold money until the plaintiff's judgment is satisfied or the court orders otherwise. If you do not do this, a judgment may be entered against you. 1. Determine when funds should be withheld. a. If item 2b is checked, funds or other property available at the time of service of the writ must be withheld from the defendant from the time of this disclosure. b. If item 2e is checked, funds must be withheld for each period you are indebted to the defendant. For example, if the defendant is your employee and he or she is paid weekly, you would withhold weekly. Determine the date withholding will begin as follows. 1) For garnishees with weekly, biweekly, or semimonthly pay periods, withholding begins with the first full pay period after the writ was served. 2) For garnishees on a monthly pay period, • if the writ is served on the garnishee within the first 14 days of the pay period, withholding begins on the date the writ was served. • if the writ is served on or after the 15th day of the pay period, withholding begins on the next full pay period after the writ was served. 2. Priority Writs or Orders and Multiple Writs (for periodic garnishments only): Garnishments with a higher priority than this garnishment of periodic payments are • orders of bankruptcy court. • orders for past due federal or state taxes. • income withholding for support of any person. • other general garnishments served before this writ. a. If a higher priority writ/order is currently in effect and withholding under this writ is not appropriate at this time, you must keep this writ until (1) the higher priority writ/order has been satisfied or is otherwise not applicable, (2) the defendant's wages are sufficient for multiple writs, or (3) other circumstances change, which make funds available. Then, you must determine whether withholding can begin under this writ. b. If a higher priority writ/order is served on you while this writ is in effect and there is not enough money available for multiple writs, you must suspend withholding under this writ and inform the plaintiff of that fact. c. The plaintiff may not file another writ of garnishment of periodic payments for the same defendant, garnishee, and judgment while the existing writ is pending. 3. Determine the amount to be withheld. The amount withheld cannot exceed the amount of the balance of the judgment specified in item 2 of the request. For periodic garnishment of earnings only, a calculation sheet (the last sheet of this multipart form) is provided to determine the amount to be withheld. You do not need to use this calculation sheet, but if you do, you are not required to file it with the court or provide it to the defendant and plaintiff. However, a record of payment calculations must be maintained and made available for review by the plaintiff, defendant, or court upon request. Payment Instructions: Determine when disclosed amounts may be released. Funds available under this writ of garnishment may not be released to the plaintiff or court until 28 days after you were served with the writ. After 28 days, funds must be paid as ordered in this writ unless otherwise notified by the court. For periodic garnishments only. After 28 days from the date of the service of the writ on the garnishee, the garnishee shall transmit all withheld funds to the plaintiff or the court as directed by the court unless notified that objections have been filed. Every time a periodic payment is withheld, the garnishee must provide the plaintiff, defendant (and the court if funds are deposited with the court) with the case name, case number, date of withholding, amount withheld, and the balance due on the writ. At least once every six months, the creditor must provide a statement of the balance remaining on the judgment, including interest and costs. The garnishee should rely on this statement to determine when the judgment is satisfied. Final Statement Instructions: A final statement of withholding is required for periodic garnishments. Within 14 days after the garnishee is no longer obligated to make periodic payments or the judgment is satisfied, the garnishee must file with the court and mail or deliver to the plaintiff and defendant a final statement of the total amount paid on the writ. The statement must include the names of the parties, the court in which the case is pending, the case number, the date of the statement, and the total amount withheld. The "Final Statement on Garnishment of Periodic Payments" form (Form MC48) can be used for this.

HOW TO FILL OUT THE GARNISHEE DISCLOSURE FORM

1. Determine whether you are obligated to make periodic payments to the defendant. 2. Write in the date the garnishment was issued (found in the lower left-hand corner of the Request and Writ of Garnishment) and the date you received the Request and Writ for Garnishment and Garnishee Disclosure forms on line 1 of the Garnishee Disclosure. • Determine if the writ is valid. The plaintiff is required to serve the Request and Writ for Garnishment within 182 days from the date it was issued. If the Request and Writ for Garnishment was not served within this time, it is invalid. If it is invalid, check box 1c. Date and sign the form and follow the instructions in item 3 below. If the writ is valid, continue on. • If you don't know the defendant or are not obligated to make payments to him or her, check boxes 1b and 2d. Then check the box that describes the reason you are not obligated. If you check "other," write out the reason. Date and sign the form and follow the instructions in item 3 below. • If you know the defendant and are obligated to make payments to him or her, you must mail or deliver a copy of the Request and Writ for Garnishment to the defendant. After mailing or delivering it to the defendant, check box 1a and write in the date you mailed or delivered it. Follow the instructions in item 2 below. The term "obligated to pay" includes employees who may not necessarily be receiving a paycheck at the time. For example, employees may be sick, laid off, or on leave when this writ was issued, but they are still your employees and will eventually be back to work. 3. Check box 2e and complete the information in item 2e as explained below. • Check either the box "earnings" or "nonearnings" so the plaintiff knows what kind of payments you make to the defendant. If you check "nonearnings," write in the kind of payments (for example, if you make rent payments, write that on the line after the "nonearnings" box). • Check the box that describes how often you make the payments to the defendant. If you check the "other" box, write on the line after that box how often you make the payments. • Check whether or not you are already garnishing money from the defendant (a higher priority writ/order). If you check the box that a higher priority writ/order is in effect, copy from those papers the name of the court that issued that writ, the case number of that writ, the date that writ was issued, and the date it was served on you. • If the defendant is currently due to receive payments from you from the date the writ was issued, check the box that says withholding "will begin immediately if sufficient funds are available." If the defendant is not due to receive a payment, check the box that says "will not begin immediately." Then check the box that explains why payment is not due; for example, defendant is laid off, sick, or on leave of absence. Date and sign the form and follow the instructions in item 3. 4. Fill in the dates that you will be mailing or delivering the copies of this form. Date and sign this part of the form. Separate the four copies of the form. Mail the original to the court and one copy to the plaintiff. You can either mail a copy to the defendant or hand deliver it to him or her. Keep one copy for your records.

See other side for calculation sheet.

You do not need to use this calculation sheet. If you do, it does not need to be filed with the court or provided to the defendant and plaintiff. However, you must maintain some type of record of your payment calculations and make it available for review by the plaintiff, defendant, or court upon request.

GARNISHEE CALCULATION SHEET FOR EARNINGS 1. The employer's current payday is

. The principal defendant's gross earnings

from the employer that were earned for this pay period are:

$

2. Deductions required by law to be withheld from gross earnings shown on line 1: a. Federal withholding tax (for income tax)

$

b. State withholding tax (for income tax)

$

c. Employee portion of social security tax

$

d. Employee portion of medicare tax

$

e. City withholding tax (for income tax)

$

f. Public employee retirement when required by law

$

g. Total (add lines 2a through 2f)

$

3. Disposable earnings (subtract line 2g from line 1)

$

4. Test I for amount available for garnishment (25% of line 3): (this percentage does not apply to garnishments for support of a person)

$

5. Test II for amount available for garnishment (disposable earnings minus federal minimum wage multiplied by appropriate multiple for normal pay period): a. Locate the appropriate figure from the chart below and insert here $ b. Subtract amount on line 5a from amount on line 3. Insert amount here. If the amount is less than zero, enter -0-. 6. Maximum amount subject to garnishment (line 4 or 5b, whichever is less) 7. Amounts withheld from disposable earnings (see line 3) pursuant to orders with priority: a. Orders of bankruptcy court

$

$

$

b. Orders for past due federal or state taxes

$

c. Income withholding for support of any person

$

d. Other general garnishments served prior to this writ

$

e. Total of all priority amounts withheld (add lines 7a through 7d)

$

8. Amount subject to garnishment under this writ (subtract line 7e from line 6)

$

9. Amount to be withheld in response to this writ (line 8 above or line 2 on the request and writ for garnishment, whichever is less)

$

Rev. (4/14)

Chart * Test II for Amount Available for Garnishment Beginning: July 24, 2009 Weekly (or more frequently) pay period $217.50 Biweekly pay period $435.00 Semimonthly pay period $471.25 Monthly pay period $942.50 *Training wage: for person aged 16 to 19 on their first job, use 85% of the above figures.

Original - Court 1st copy - Plaintiff

Approved, SCAO


2nd copy - Defendant 3rd copy - Garnishee

CASE NO. FINAL STATEMENT ON GARNISHMENT OF PERIODIC PAYMENTS

Court address

Court telephone no.

Plaintiff’s name and address (judgment creditor)

Defendant’s name and address (judgment debtor)

v

Plaintiff’s attorney, bar no., address, and telephone no.

Garnishee’s name and address

When to complete and file this form: Within 14 days after the writ ceases to be effective under MCR 3.101(B)(1) or after the garnishee is no longer obligated to make periodic payments, the garnishee shall file with the court and mail or deliver to the plaintiff and the defendant a final statement of the total amount paid on the writ. If the garnishee is the defendant’s employer, the statement is to be filed within 14 days after the writ ceases to be effective, regardless of changes in employment status during the time that the writ was in effect. 1. The total amount withheld under this writ is $

Date of statement

.

Garnishee/Agent/Attorney signature

CERTIFICATE OF MAILING I certify that on: I mailed or personally delivered a copy of this final statement with the court.

Date

I mailed or personally delivered a copy of this final statement to the plaintiff/attorney.

Date

I mailed or personally delivered a copy of this final statement to the defendant.

Date

Date

MC 48 (4/18)

Garnishee/Agent/Attorney signature

FINAL STATEMENT ON GARNISHMENT OF PERIODIC PAYMENTS

15 USC 1672, 15 USC 1673, MCR 3.101(J)(6)

Original - Court 1st copy - Plaintiff

Approved, SCAO


2nd copy - Defendant 3rd copy - Garnishee

CASE NO.

OBJECTIONS TO GARNISHMENT AND NOTICE OF HEARING

Court address

Court telephone no.

Plaintiff’s name, address, and telephone no. (judgment creditor)

Defendant’s name, address, and telephone no. (judgment debtor)

v

Plaintiff’s attorney, bar no., address, and telephone no.

Garnishee’s name, and address

OBJECTIONS TO GARNISHMENT

1. I object to the writ of garnishment issued on

Date

and request a hearing because

a. the funds or property are exempt (protected) from garnishment by law. b. of bankruptcy proceedings. Case No: c. I have an installment payment order, issued on . Court: Case No: d. the maximum amount permitted by law is already being withheld by another court order. e. the judgment has been paid. f. the writ was not properly issued or is otherwise invalid because 2. I object to the written statement I received from the creditor because the balance of the judgment is wrong. 3. I was served with the writ of garnishment written statement on .

.

Date

Date

Signature of defendant

NOTICE OF HEARING ON OBJECTIONS To be completed by the court. 1. A hearing will be held on at at Date Time Location before Hon. . 2. The defendant and plaintiff are required to appear. 3. The garnishee is is not required to appear. 4. a. Objections were filed within 14 days of the defendant being served with the writ of garnishment or written statement. The garnishee shall continue to withhold funds but shall not release withheld funds until further order of the court. b. Objections were filed 14 days or more after the defendant was served with the writ of garnishment or written statement. The garnishee shall continue to withhold and release funds unless otherwise ordered by the court. Date

Deputy court clerk

If you require special accommodations to use the court because of a disability or if you require a foreign language interpreter to help you fully participate in court proceedings, please contact the court immediately to make arrangements. CERTIFICATE OF MAILING I certify that on this date I served a copy of this objection and notice on the parties or their attorneys by first-class mail addressed to their last-known addresses as defined by MCR 2.107(C)(3). Date MC 49 (4/18)

Defendant’s signature/District court clerk

OBJECTIONS TO GARNISHMENT AND NOTICE OF HEARING

15 USC 1672, 15 USC 1673, MCR 3.101(K)

Instructions for Filing and Serving "Objections to Garnishment" (Form MC 49) If you received a writ of garnishment (form MC 12, MC 13, or MC 52), you can object to that garnishment only if: • your money is exempt (protected) from garnishment by law (see the list of exempt funds on the back of your writ of garnishment form), • you filed for bankruptcy and those proceedings are pending or the debt has been discharged, • you have an installment payment order signed by a judge (form MC 15a), • the maximum amount of money that can be garnished by law is already being withheld by another court order, • you already paid the judgment in full, • the garnishment was not properly issued (for example, it was issued on false information) or the garnishment is invalid (for example, the writ was served on the garnishee after the service deadline, the interest, costs, or judgment amount are inaccurate). If you received a written statement of the judgment balance from the creditor, you can object if you believe the balance on the statement is incorrect. You cannot use this form to challenge the judgment or because you are unable to pay the judgment. 1. How do I file an Objection? You file an objection by completing the form and filing it with the same court that signed the writ of garnishment. There is no cost for filing an objection except in probate court cases. 2. Fill out the Objection form. Write in the court number, case number, the court address and telephone number, and the names, addresses, and telephone numbers of the plaintiff and the defendant exactly as they are on the writ of garnishment. Write in the date the garnishment was issued (see the lower left-hand corner of the writ of garnishment). Check the box that states the reason you are objecting to the garnishment. If there is more than one reason, check all that apply. Write in the date that you were served (the date you received) a copy of the writ garnishment. Write in the date you complete the form and sign your name. 3. Make four copies of the completed objection form. 4. File the Objection with the court. File all four copies of your objection with the court in person or by first-class mail. If you mail the objection, include a postage-paid and self-addressed envelope so that the court can return to you three copies with the Notice of Hearing completed. 5. Serve the Objection. If your case is in the district court, the court will serve the objection and will return one copy to you. If your case is in the circuit court, when you get the three remaining copies of the objection with the Notice of Hearing completed, serve a copy on the plaintiff and a copy on the garnishee by first-class mail. If the plaintiff has an attorney, serve the objection on the attorney instead of the plaintiff. Complete the Certificate of Mailing on the bottom of your copy of the form. Make a copy of this and file it with the court. You can do this either in person or by first-class mail. Keep your copy for yourself. Bring all documents to the hearing to support the objections that you checked on the objection form. For more information on objections or preparing for a hearing generally, see MichiganLegalHelp.org or scan the code to the right with your smartphone.

Original - State Treasurer (Part 1) 1st copy - Court (Part 2) 2nd copy - Defendant (Part 2)

Approved, SCAO

•


REQUEST AND WRIT FOR GARNISHMENT (INCOME TAX REFUND/CREDIT)

• Zip code

Court address

portion to be completed • This by the court only.

•


•

CASE NO.

Court telephone no.

TO THE GARNISHEE: Make the amount intercepted pursuant to this writ payable to and mail to: the plaintiff. the plaintiff's attorney. the court.


•


v Plaintiff FE no. / Social security no.

•

Plaintiff's attorney, address

• • • •

Garnishee

Plaintiff attorney FE no.

REQUEST

•

Plaintiff attorney telephone no.

•

Third Party Withholding Unit Michigan Department of Treasury PO Box 30785 Lansing, Michigan 48909

NOTE for item 2: 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. On , the plaintiff received judgment against the defendant for: $ . 2. The total amount of judgment interest accrued to date is: $ . The total amount of postjudgment costs accrued to date is: $ . The total amount of postjudgment payments made and credits 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 garnishment to intercept income tax and that it be paid to plaintiff's attorney. plaintiff. I declare that the statements above are true to the best of my information, knowledge, and belief. Date


To be completed by the court. WRIT OF GARNISHMENT TO THE PLAINTIFF: 1. The social security number field is blacked out for security reasons on all parts except the garnishee copy. 2. You must serve this writ on the state treasurer along with a $6.00 fee and any discovery request for information related to this garnishment. 3. You must serve a copy of this writ on the defendant within 7 days after serving the writ on the state treasurer. 4. You are responsible for paying to the state treasurer any reasonable costs incurred by the state treasurer in providing information in response to your discovery request. 5. If a state tax refund or credit is not intercepted before October 31 of the year during which this writ of garnishment is to be processed, you will not receive a disclosure unless you file a written request with the state treasurer between November 1 and December 31 of the tax year following the tax year for which this writ was filed. TO THE DEFENDANT: See separate instructions. 1. If a state tax refund or credit is intercepted pursuant to this writ, the state treasurer will notify you on a disclosure form. 2. You have 14 days after being notified of an intercept to file objections to the writ of garnishment with the court. If you do not object within this time, the intercepted tax refund or credit held under this writ will be applied to the judgment 28 days after the disclosure was filed with the court. TO THE GARNISHEE: 1. Upon intercepting a state tax refund or credit, calculate the amount available to satisfy all or part of the garnishment. 2. Within 90 days after establishing any other liability for which the state tax refund or credit may be applied under MCL 205.30a, file with the court a verified disclosure identifying the intercepted amount, less any setoff, counterclaim, or other demand of the state against the defendant. 3. Unless notified by the court that objections to the writ of garnishment have been filed, payment of the intercepted amount must be made not less than 28 days after filing the disclosure. 4. You are ordered to pay the amount intercepted under this writ as stated at the top of this form.

Date of issue MC 52 (4/18)

Deputy court clerk

REQUEST AND WRIT FOR GARNISHMENT (INCOME TAX REFUND/CREDIT) (Part 2) MCL 600.4061, MCL 600.4061a

Original - State Treasurer (Part 1) 1st copy - Court (Part 2) 2nd copy - Defendant (Part 2)

Approved, SCAO

•


REQUEST AND WRIT FOR GARNISHMENT (INCOME TAX REFUND/CREDIT)

• Zip code

Court address

This portion to be completed

•

CASE NO.

Court telephone no.

TO THE GARNISHEE: Make the amount intercepted pursuant to this writ payable to and mail to: the plaintiff. the plaintiff's attorney. the court.

• by the court only. •



•


v Plaintiff FE no. / Social security no.

•

Social security no.

Plaintiff's attorney, address

• • • •

Garnishee

Plaintiff attorney FE no.

REQUEST

•

Plaintiff attorney telephone no.

•

Third Party Withholding Unit Michigan Department of Treasury PO Box 30785 Lansing, Michigan 48909

NOTE for item 2: 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. On , the plaintiff received judgment against the defendant for: $ . 2. The total amount of judgment interest accrued to date is: $ . The total amount of postjudgment costs accrued to date is: $ . The total amount of postjudgment payments made and credits 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 garnishment to intercept income tax and that it be paid to plaintiff's attorney. plaintiff. I declare that the statements above are true to the best of my information, knowledge, and belief. Date


To be completed by the court. WRIT OF GARNISHMENT TO THE PLAINTIFF: 1. The social security number field is blacked out for security reasons on all parts except the garnishee copy. 2. You must serve this writ on the state treasurer along with a $6.00 fee and any discovery request for information related to this garnishment. 3. You must serve a copy of this writ on the defendant within 7 days after serving the writ on the state treasurer. 4. You are responsible for paying to the state treasurer any reasonable costs incurred by the state treasurer in providing information in response to your discovery request. 5. If a state tax refund or credit is not intercepted before October 31 of the year during which this writ of garnishment is to be processed, you will not receive a disclosure unless you file a written request with the state treasurer between November 1 and December 31 of the tax year following the tax year for which this writ was filed. TO THE DEFENDANT: See separate instructions. 1. If a state tax refund or credit is intercepted pursuant to this writ, the state treasurer will notify you on a disclosure form. 2. You have 14 days after being notified of an intercept to file objections to the writ of garnishment with the court. If you do not object within this time, the intercepted tax refund or credit held under this writ will be applied to the judgment 28 days after the disclosure was filed with the court. TO THE GARNISHEE: 1. Upon intercepting a state tax refund or credit, calculate the amount available to satisfy all or part of the garnishment. 2. Within 90 days after establishing any other liability for which the state tax refund or credit may be applied under MCL 205.30a, file with the court a verified disclosure identifying the intercepted amount, less any setoff, counterclaim, or other demand of the state against the defendant. 3. Unless notified by the court that objections to the writ of garnishment have been filed, payment of the intercepted amount must be made not less than 28 days after filing the disclosure. 4. You are ordered to pay the amount intercepted under this writ as stated at the top of this form.

Date of issue MC 52 (4/18)

Deputy court clerk

REQUEST AND WRIT FOR GARNISHMENT (INCOME TAX REFUND/CREDIT) (Part 1) MCL 600.4061, MCL 600.4061a

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 judgment, income owed to you may be withheld or property belonging to you may be taken from you and sold. 2. You may object to this garnishment if: 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. 3. Except for tax garnishments issued in criminal cases, 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.

REQUEST AND WRIT FOR GARNISHMENT (INCOME TAX REFUND/CREDIT) Case No. PROOF OF SERVICE TO PROCESS SERVER: You must serve the garnishee with this request and writ of garnishment, the $6.00 fee, and any attachments, 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 OR 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)


I served the request and writ of garnishment, the $6.00 fee, and any attachments by: personal service registered or certified mail (copy of return receipt attached) on: Garnishee name


Michigan Department of Treasury Third Party Withholding Unit

Day, date, time

PO Box 30785 Lansing, Michigan 48909

I served a copy of the request and writ of garnishment by personal service first-class mail on: Defendant name


Day, date, time

I have personally attempted to serve the request and writ of garnishment on the defendant and have been unable to complete service. Defendant name

Complete address(es) of service

Day, date, time


Service fee

Signature

Miles traveled Fee

$

$


TOTAL FEE

$

$

$


Subscribed and sworn to before me on

,

County, Michigan.

Date

My commission expires:

Signature: Date


Notary public, State of Michigan, County of ACKNOWLEDGMENT OF SERVICE I acknowledge that I have received the request and writ of garnishment (and the $6.00 fee and attachments if applicable) on . Day, date, time

on behalf of Signature MCR 2.105