88-2 District Court Garnishment Division
You must wait twenty-one (21) days after the judgment was issued before you can have a garnishment issued by the Court. 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 if issued after October 1st, 2015 and served within 182 days, is valid until the judgment is satisfied. Periodic garnishments require a $35.00 garnishee disclosure fee.
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 Once the money has been garnished under the non-periodic writ, the writ is no longer valid.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. Non-periodic garnishments require a $1.00 garnishment disclosure fee.
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 Once money has been garnished under the income tax refund writ, the writ is no longer valid.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. Income tax garnishments require a $6.00 garnishment disclosure fee.
The garnishment, disclosure and $6.00 fee may be served on the garnishee by a Court approved process server, Montmorency County Sheriff's Department (within our county) or certified/restricted 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.
COURT FORMS mentioned above, click here.