Michigan Procedural Requirements for Wage Garnishment

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Michigan Procedural Requirements

The clerk of the court that entered the judgment shall issue a writ of garnishment if the plaintiff makes and files a Statuteement verified in the manner provided in Rule 2.114(A) Statuting (1) that a judgment has been entered against the defendant and remains unsatisfied, (2) the amount of the judgment and the amount remaining unpaid, and (3) that the affiant knows or has good reason to believe that a named person has control of property belonging to the defendant, a named person is indebted to the defendant, or a named person is obligated to make periodic payments to the defendant.

The writ of garnishment must have attached or must include a copy of the verified Statuteement and must include information that will permit the garnishee to identify the defendant, such as the defendant's address, social security number, employer number, or account number, if known. The writ shall include the date on which it was issued and the last day by which it must be served to be valid, which is 91 days after it was issued.

The writ shall direct the garnishee to: served a copy of the writ on the defendant; within 14 days after the service of the writ, file with the court clerk a verified disclosure indicating the garnishee's liability to the defendant and mail or deliver a copy to the plaintiff and the defendant; deliver no tangible or intangible property to the defendant, unless allowed by Statute or court rule; pay no obligation to the defendant, unless allowed by Statute or court rule; and in the discretion of the court, order the garnishee either to make all payments directly to the plaintiff or send the funds to the court in the manner specified in the writ.

The writ shall direct the defendant to refrain from disposing of any negotiable instrument representing a debt of the garnishee or any negotiable interest of title representing property in which the defendant claims an interest held in the possession or control of the garnishee. The writ shall inform the defendant that unless the defendant files objections within 14 days after the service of the writ on the defendant, without further notice the property or debt held pursuant to the garnishment may be applied to the satisfaction of the plaintiff's judgment and periodic payments due to the defendant may be withheld for as long as 91 days after the issuance of the writ and in the discretion of the court paid directly to the plaintiff. Mich. Court R. 3.101.

The plaintiff shall serve the writ of garnishment, a copy of the writ for the defendant, the disclosure form, and any applicable fees, on the garnishee within 91 days after the date the writ was issued in the manner provided for the service of a summons and complaint. The garnishee shall within 7 days after being served with the writ deliver a copy of the writ to the defendant or mail a copy to the defendant at the defendant's last known address by first class mail. Mich. Court R. 3.101.

Within 14 days after service of disclosure, the plaintiff may serve the garnishee with written interrogatories or notice the deposition of the garnishee. The discovery rules apply to garnishment proceedings. If the garnishee is not indebted to the defendant, does not hold any property subject to garnishment, and is not the defendant's employer, the plaintiff is not entitled to recover the costs of that garnishment. Mich. Court R. 3.101.

A pleading may be verified by oath or affirmation of the party or of someone having knowledge of the facts pleaded or by including the following signed and dated declaration: "I declare that the Statuteements above are true to the best of my information, knowledge, and belief." Every pleading of a party represented by an attorney shall be signed by at least one attorney of record. A party who is not represented by an attorney must sign the pleading. Mich. Court R. 2.114.

Interest Rate at which Judgments Accrue

Judgments bear interest from date of filing complaint at 6% until June 1, 1980 and 12% thereafter, or if founded on written instrument, at rate therein provided, but not exceeding 7% until June 1, 1980 and 13% thereafter.

For complaints filed on or after Jan. 1, 1987, interest accrues from date of filing complaint at rate certified by Statutee treasurer semiannually as 1% plus average rate on five year U.S. Treasury Notes. For claims filed on or after Oct. 1, 1986, interest shall not be allowed on "future damages" defined as personal injury damages accruing after damage findings are made. Mich. Comp. Laws Ann. __ 600.6013, 6301.