88-2 District Court Garnishment Division
88-2 District Court Garnishment Division
You must wait twenty-one (21) days after the judgment was signed before you can get a garnishment issued. The fee for each garnishment filed is $15.00.
There are three types of garnishments: 1) periodic 2) non-periodic and 3)Michigan income tax refund/credit.
A periodic garnishment (MC12) is used to garnish the defendant's wages, rent payments, land contract payments or other income which is paid to the defendant on a periodic basis. A periodic garnishment is valid for up to ninety-one (91) days or until the judgment, interest and costs are paid off, whichever occurs first.
A non-periodic garnishment (MC13) is used to garnish the defendant's bank account or other property. Once the money has been garnished under the non-periodic writ, the writ is no longer valid. If there is a remaining balance on the judgment, you must get another writ to collect more money.
An income tax refund garnishment (MC52) is used to garnish the defendant's Michigan income tax refund. Once money has been garnished under the income tax refund writ, the writ is no longer valid. If there is a remaining balance on the judgment, you must get another writ to collect more money. There is no authority to garnish federal or city income tax refunds.
Garnishments are issued by the court upon receipt of the garnishment paperwork and the $15.00 filing fee. It must be served along with a form called a Disclosure (MC14) upon the Garnishee. If the writ is a periodic garnishment, you must have a check made payable to the garnishee in the amount of $6.00. The garnishment, disclosure and $6.00 fee must be served on the garnishee by process server (Montmorency County Sheriff's Department in this county) or certified mail.
When do I get my money for the Garnishment?
The garnishee has fourteen (14) days after the Writ is served to let you, the Court and the defendant know if any money is available for garnishment. This information will be provided on the Garnishee Disclosure form (MC14). If you are trying to garnish wages, you will only receive part of the wages based on a federal formula (included on the back of the disclosure). If any money is available, it will be withheld from the Defendant right away. However, this money will be held for twenty-eight (28) days. If the garnishment is for periodic payments, money will continue to be sent to you as payments become due to the Defendant until the writ expires in ninety-one (91) days.
Friday, October 9, 2009 6:45 PM