Free Request and Writ for Garnishment, Periodic - Michigan

United States District Court for the Western District of Michigan
CASE NO. REQUEST AND WRIT FOR GARNISHMENT (PERIODIC)
Court address

· Zip code ·
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Court telephone no.

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Plaintiff name and address (judgment creditor)

Defendant name and address (judgment debtor)

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Plaintiff's attorney, bar no., and address

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Social security no. Garnishee name and address

Employee ID or account no.

Telephone no.

REQUEST 1. 2. 3. 4. Plaintiff received judgment against defendant for $ on . The amount of the unsatisfied judgment now due (including interest and costs) is · $ . Plaintiff knows or with good reason believes that the garnishee is indebted or obligated to the defendant for periodic payments. Plaintiff requests a writ of periodic 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), 2 copies of this writ, and a $6.00 disclosure fee for serving on the garnishee. You are responsible for having these documents served on the garnishee within 91 days. TO THE DEFENDANT: 1. 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, periodic payments due to you may be withheld for as long as 91 days after this writ is issued and paid directly to the plaintiff. 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. 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. 3. Do not pay any obligations to the defendant unless allowed by statute or court rule. 4. If indebted, withholding must begin according to court rule (see instructions on the Garnishee Disclosure form). Unless notified that an objection has been filed, 28 days after you are served with this writ you must begin forwarding withheld payments. You are ordered to make all payments withheld under this writ payable to: the plaintiff the plaintiff's attorney and mail them to: the plaintiff. the plaintiff's attorney the court the court.

5. This periodic garnishment is effective until: a) the amount withheld equals the amount of the unpaid judgment as stated in item 2. of the request; b) the expiration of 91 days after the issue date of this writ; or c) the amount withheld exceeds the remaining unpaid judgment as stated in item 2. of the request. 6. Within 14 days after this writ expires, you must file a final statement of the total amount paid on this writ.

Date of issue MC 12 (6/04)

Expiration date

Clerk of the court/Deputy MCL 600.4011 et seq., MCR 3.101

REQUEST AND WRIT FOR GARNISHMENT (PERIODIC)

PERIODIC GARNISHMENTS Definitions Periodic Garnishment - garnishment of periodic payments which include, but are not limited to, wages, salary, commissions, bonuses, and other income paid to the defendant during the period of the writ; land contract payments; rent; and other periodic debt or contract payments. 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, employee identification number, etc. Additional Instructions for the Defendant: 1. This writ has been issued because there is a judgment against you which you have not paid. In order to collect on this judgment, income due to you may be garnished. 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 an installment payment order; e. You have paid the judgment in full; f. 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. 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 of the 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(a)(11)] 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]