How to Garnish Wages in Michigan

Michigan plaintiffs who receive judgments in their favor may request a writ for garnishment if the debtor does not attempt to pay the outstanding debt. The Consumer Credit Protection Act prohibits garnishments that total more than 25 percent of the debtor's disposable income. Choosing the appropriate writ and following the correct procedures improves the chances of receiving payment.

Instructions

1

Determine the type of garnishment needed. Michigan allows three types of garnishment writs. Periodic garnishments collect against wages, rent and land contract payments or any debt payable to the debtor on a recurring basis. Nonperiodic garnishments levy bank accounts or property. Income tax garnishments collect against the defendant's Michigan income tax refund or credit. The plaintiff must wait 21 days from the date of the judgment before filing a writ for garnishment.

2

Contact the State Court Administrative Office (SCAO) for the correct forms. Plaintiffs with Internet access may download SCAO-approved forms from the SCAO web page of the Michigan Courts website by selecting "Court Forms" under "Resources." Select "Categories of Court Forms" and scroll to "Garnishment."

3

Obtain the writ that corresponds with the type of garnishment. Complete the "Request and Writ for Garnishment (Periodic)," "Request and Writ for Garnishment (Nonperiodic)" or "Request and Writ for Garnishment (Income Tax Refund)" based on the desired payment type. Provide a Federal Identification number or Social Security number if filing a garnishment against Michigan income tax.

4

File the writ in the Circuit Court that approved the judgment, and pay the appropriate fee. As of May 2011, filing a Writ of Garnishment in Michigan costs $15. Additional fees apply for disclosure forms based on the type of writ. Add $6 if filing a writ for periodic payments and $1 for nonperiodic payments.

5

Serve the debtor. Once the court approves the garnishment, the plaintiff must notify the defendant of the garnishment through a process service. A process server can be anyone not involved in the judgment. A sheriff, deputy sheriff, bailiff or court-appointed officer must serve any type of property or monetary attachment such as a wage garnishment. As of May 2011, the process service fee in Michigan is $18.

6

Wait 14 days. The defendant has 14 days to contact the plaintiff regarding payment. Wait 28 days to receive the first payment. This gives the defendant time to object to the garnishment.

A periodic garnishment remains valid for 91 days or until the defendant pays the entire garnishment. If a balance remains after obtaining a nonperiodic or income tax garnishment, the plaintiff must complete a new writ to obtain the remaining amount.