How to Answer a Writ for Garnishment in the State of Michigan

Garnishment writs are orders that take a portion of a defendant's wages. A plaintiff can request a periodic garnishment for wages or a nonperiodic garnishment of a bank account. The plaintiff has 21 days to serve the garnishee with the writ after receiving a judgment. The garnishee refers to the person or company with authority to turn over over the defendant's money, such as his employer. Once the garnishee receives the writ, it must comply with the order by completing the appropriate documents and submitting payment through the court to the plaintiff. Defendants who object to the garnishment must appeal through the court.

Instructions

The Garnishee

1

Disclose the financial information souight by the court that issued the writ. Use form MC 14, "Garnishee Disclosure," included with the writ.

2

Complete the "Nonperiodic Garnishments" or "Periodic Garnishments" section of the form. State whether the funds are exempt or if the defendant is a current employee. Complete the "Garnishee Calculation Sheet for Earnings" for your records. Do not file the calculation sheet with the disclosure.

3

Sign and date the disclosure. Deliver a copy by mail or in person to the defendant, plaintiff and court within 14 days. Begin withholding the funds upon completion of the disclosure.

The Defendant

4

Complete form MC 49, "Objections to Garnishment and Notice of Hearing" to object to the garnishment of your wages or bank account. The form will accompany the copy of the garnishment writ you receive from the plaintiff.

5

Include the reason for objection. Creditors may not garnish exempt funds such as veteran's benefits, Supplemental Security Income benefits or Social Security benefits. Creditors included in a bankruptcy proceeding must file the appropriate paperwork through the bankruptcy court to be able to pursue a garnishment. An automatic stay prohibits the collection or initiation of collection actions against an individual in bankruptcy.

6

Sign and date the objection and return it to the court of issue within 14 days of service. Mail a copy of the objection to the plaintiff and garnishee within seven days of filing the objection with the court.

7

Complete form MC 15 to request installment payments. You may only request installment payments if your only source of income is work or labor. If you have additional income to repay the debt, you cannot file a request for installment payments.

8

Return the request to the court and pay the filing fee of $20, as of August 2011. The plaintiff has 14 days to respond to your request. The court renders a decision based on the papers filed or schedules a hearing. If you do not receive notice of a hearing, contact the court and inquire about the hearing. If granted a hearing, you must notify the plaintiff of the hearing date.

9

Send a copy of the notification to the plaintiff, if approved for installment payments. Send a copy to the garnishee, if a payment withholding is in effect.