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Guide To Garnishment Of Periodic Payments P 01 - Michigan
| Guide To Garnishment Of Periodic Payments Form. This is a Michigan form and can be used in Garnishment Statewide . |
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A GUIDE TO GARNISHMENT OF PERIODIC PAYMENTS A Supplement to the Request and Writ for Garnishment and the Gar nishee Disclosure (SCAO Approved Forms MC 12 and MC 14) for use by the employer or other person who makes payments to a creditor on a regular basis This instruction booklet which provides improved access to Michigan State courts was developed under a grant from the State Justice Institute. Points Justice of view expressed are those of the Michigan State Court Administrative SJI Office and do not necessarily represent the official position or policies of Institute the State Justice Institute. Published by the State Court Administrative OfficeP-01 (9/94) <<<<<<<<<********>>>>>>>>>>>>> 2 HOW TO COMPLETE THE GARNISHEE DISCLOSURE FORM FOR PERIODIC GARNISHMENTSFollow these instructions if you receive a "Request and Writ for Garnishment (Periodic)", Form MC 12 and"Garnishee Disclosure", Form MC 14. You must complete Form MC 14 and send copies to the court and all partieswithin 14 days of the date you receive these forms.A periodic garnishment means that the plaintiff has the right to take part or all of a defendants payments to payfor a judgment. You have been identified as a "garnishee", a person who has control over some or all of the moneythat is paid to the defendant. As the garnishee, you are being ordered to give all or part of this money to the plaintiff instead of the defendant.You are required to take money for up to 91 days or until the judgment amount in item 2. of the Request on FormMC 12 has been paid in full, whichever happens first. If you do not do this, a judgment may be entered againstyou. As soon as you receive Forms MC 12 and MC 14, determine whether you are obligated to make periodic paymentsto the defendant. Periodic payments are payments you make to the defendant on a regular basis. Thesepayments may be paychecks, rent payments, land contract payments, or other contract payments.1. Write in the date the garnishment was issued (in the lower left-hand corner of Form MC 12). Then write in the date you received Forms MC 12 and MC 14. If you dont know the defendant or are not obligated to make payments to him or her, check boxes 1.b. and 2.c. Then check the box that describes the reason you are not obligated . If you check "other" write out the reason. Date and sign the form and follow the instructions in item 3. below. If you know the defendant and are obligated to make payments to him or her, you must mail or deliver a copy of MC 12 to the defendant. After mailing or delivering MC 12 to the defendant, check box 1.a. and write in the date you mailed or delivered it. Follow the instructions in item 2. below. "Obligated to make payments" includes employees who may not necessarily be receiving a paycheck at the time. For example, an employee may be sick, laid off, or on leave when this writ was issued, but they are still your employee and will eventually be back to work. 2. Check box 2.d. and complete the information in item 2.d as explained below. Check either the box "earnings" or "non-earnings" so the plaintiff knows what kind of payments you make to the defendant. If you check "non-earnings", write in the kind of payments (for example, if you make rent payments, write that on the line after the "non-earnings" box). Check the box that describes how often you make the payments to the defendant. If you check the "other" box, write on the line after that box how often you make the payments. Check whether or not you are already garnishing money from the defendant (a higher priority writ/order). If you check the box that a higher priority writ/order is in effect, copy from those papers the name of the court that issued that writ, the case number of that writ, the date that writ was issued, and the date it was served on you. If the defendant is currently due to receive payments from you from the date the writ was issued, check the box that says withholding "will begin immediately if sufficient funds are available". If the defendant is not due to receive a payment, check the box that says "will not begin immediately". Then check the box that explains why payment is not due: for example, defendant is laid off, sick, on leave of absence. Date and sign the form and follow the instructions in item 3.3. Fill in the dates that you will be mailing or delivering the copies of this form. Then date and sign this part of the form. Separate the four copies of the form. Mail the original to the court and one copy to the plaintiff. You can either mail a copy to the defendant or hand deliver it him or her. Keep one copy for your records.<<<<<<<<<********>>>>>>>>>>>>> 3 HOW TO GARNISH MONEY FROM THE DEFENDANTFollow these instructions if you checked box 2.d. on Form MC 14, Garnishee Disclosure. If you are paying the defendants wages, step 4. below does not apply to you. If you are not paying the defendants wages steps 2. and 3. below do not apply to you.1. If you are already garnishing money from the defendant for another plaintiff, you must also garnish available money for this plaintiff up to the maximum allowed until the other garnishment has expired unless the money is for wages. The expiration date is at the bottom of Form MC 12. Do not throw out this garnishment; if the other garnishment expires before the expiration date of this one, you must start garnishing money on this garnishment until it expires. For example: Today is April 1. You received a writ of garnishment for plaintiff A on March 1 and are withholding money from the defendant and sending it to plaintiff A. The writ for plaintiff A expires on May 31. You receive another writ of garnishment today from plaintiff B with an expiration date of June 30. Complete Form MC 13 for plaintiff B as instructed. Place the writ of garnishment for plaintiff B in a file until May 31. On May 31, the writ for plaintiff A expires. Determine how much money to withhold on plaintiff Bs garnishment and start sending it to plaintiff B. On June 30, the writ for plaintiff B expires.2. This Step applies only to employers. Determine when to start calculating the amount of money to withhold from the defendant based on the pay period as follows: If the pay period is weekly, bi-weekly, or semi-monthly, start calculating from the first full pay period after you received the writ (Form MC 12). If the pay period is monthly and you received the writ (Form MC 12) within the first 14 days of the pay period, start calculating from that pay period. If th
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