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Garnishee Disclosure MC 14 - Michigan

Garnishee Disclosure Form. This is a Michigan form and can be used in Garnishment Statewide .
 Fillable pdf Last Modified 12/16/2013
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Approved, SCAO Original - Court 1st copy - Plaintiff 2nd copy - Garnishee 3rd copy - Defendant STATE OF MICHIGAN JUDICIAL DISTRICT JUDICIAL CIRCUIT Court address CASE NO. GARNISHEE DISCLOSURE Court telephone no. Plaintiff name, address, and telephone no. (judgment creditor) Defendant name, address, and telephone no. (judgment debtor) v Plaintiff's attorney, bar no., address, and telephone no. Garnishee name and address SEE INSTRUCTIONS ON OTHER SIDE 1. This disclosure is for a writ of garnishment issued on and received by garnishee on . a. The garnishee mailed or delivered a copy of the writ of garnishment to the defendant on . b. The garnishee was unable to mail or deliver a copy of the writ of garnishment to the defendant. 2. At the time of service of the writ: Nonperiodic Garnishments a. The garnishee is not indebted to the defendant for any amount and does not possess or control the defendant's property, money, etc. Reason: b. The garnishee is indebted to the defendant for nonperiodic payments as follows: Description of property, money, negotiable instruments, etc. under garnishee's control Type of account and account number, if applicable The amount to be withheld is $ and does not exceed the amount stated in item 2 of the writ. c. Withholding is exempt because . State the exemption and legal authority Periodic Garnishments d. The garnishee is not obligated to make periodic payments to the defendant during the effective period. Reason: not employed. other e. The garnishee is obligated to make periodic payments to the defendant during the effective period as follows. Payments are for earnings. nonearnings . Specify nature of payment (see instructions on other side) Payments are made A higher priority writ/order weekly. is biweekly. is not semimonthly. currently in effect. Case number monthly. other: frequency of payment If a higher priority writ/order is in effect, complete the following. Date issued Date served Name of court that issued higher priority writ/order Withholding under this writ will begin immediately if sufficient funds are available. will not begin immediately because defendant is laid off. sick. on leave. other: specify . I declare that the statements above are true to the best of my information, knowledge, and belief. Date Garnishee/Agent/Attorney signature I certify that: on on on Date I mailed or personally delivered the original of this disclosure to the court. I mailed or personally delivered a copy of this disclosure to the plaintiff/attorney. I mailed or personally delivered a copy of this disclosure to the defendant. Garnishee/Agent/Attorney signature DO NOT Include Your Payment With This Disclosure. See item 3 of the instructions for details. MC 14 (9/12) GARNISHEE DISCLOSURE 15 USC 1672, 15 USC 1673, MCR 3.101 GARNISHEE INSTRUCTIONS Definitions: · Periodic payments include wages, earnings, commissions, land contract payments, rent, and other periodic debt or contract payments that are paid to the principal defendant on a periodic basis. · Nonperiodic payments include bank accounts, other property, money, goods, chattels, credits, negotiable instruments or effects, or earnings in the form of bonuses that are not paid to the principal defendant on a periodic basis. The rest of these intructions do not apply to garnishment of property, which needs to be sold before it can be applied to the judgment. Responsibility to Disclose: Within 14 days after being served with the writ of garnishment you must deliver or mail copies of this completed disclosure to the court, plaintiff's attorney (or plaintiff, if no attorney), and defendant. No further disclosures are required. Withholding Instructions: 1. Determine when funds should be withheld. a. If item 2b is checked, funds or other property available at the time of service of the writ must be withheld from the defendant from the time of this disclosure. b. If item 2e is checked, funds must be withheld each time you are indebted to the defendant until the writ expires. Determine the date withholding will begin and end as follows. 1) For garnishees with weekly, biweekly, or semimonthly pay periods, withholding begins with the first full pay period after the writ was served and ends on the last day of the last full pay period before the writ expires. 2) For garnishees on a monthly pay period, · if the writ is served on the garnishee within the first 14 days of the pay period, withholding begins on the date the writ was served and continues until the writ expires. · if the writ is served on or after the 15th day of the pay period, withholding begins on the next full pay period after the writ was served and continues until the writ expires. 2. Priority Writs or Orders and Multiple Writs (for periodic garnishments only): Garnishments with a higher priority than this garnishment of periodic payments are · orders of bankruptcy court. · orders for past due federal or state taxes. · income withholding for support of any person. · other general garnishments served before this writ. a. If a higher priority writ/order is currently in effect and withholding is not applicable at this time, you must monitor the garnishment until (1) the higher priority writ expires, (2) the installment payment is set aside, (3) the defendant's wages are sufficient for both writs, or (4) other circumstances change, which make funds available. If this writ has not expired by then, withholding and payment should begin immediately. An amended disclosure is not necessary. b. If a higher priority writ/order is served on you while this writ is in effect and there is not enough money available for both writs, you must suspend withholding under this writ and inform the plaintiff of that fact. Once the higher priority is paid off, the suspended writ becomes effective again if it has not already expired. No further payments can be withheld on this writ if it expires while a higher priority is in effect. c. The plaintiff may not file another writ of garnishment of periodic payments for the same defendant, garnishee, and judgment while the existing writ is pending. 3. Determine the amount to be withheld. The amount withheld cannot exceed the amount of the balance of the judgment specified in item 2 of the request. For periodic garnishment of earnings only, a calculation sheet (the last sheet of this multipart form) is provided to determine the amount to be withheld. You do not need to use this calculation sheet, but if you do, you are not required to fi
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