Michigan > Statewide > Garnishment
Request And Writ For Garnishment (Income Tax Refund Or Credit) MC 52 - Michigan
| Request And Writ For Garnishment (Income Tax Refund Or Credit) Form. This is a Michigan form and can be used in Garnishment Statewide . |
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Request and Writ for Garnishment (Income Tax Refund/Credit) (Form MC 52)<<<<<<<<<********>>>>>>>>>>>>> 2 Original - Court 3rd copy - Return (proof of service) 1st copy - State Treasurer 4th copy - Plaintiff/Attorney (proof) Approved, SCAO 2nd copy - Defendant STATE OF MICHIGAN CASE NO. JUDICIAL DISTRICT REQUEST AND WRIT FOR GARNISHMENT JUDICIAL CIRCUIT (INCOME TAX REFUND/CREDIT) Court address Zip code Court telephone no. This portion to be completedTO THE GARNISHEE: Make the amount intercepted under this writ payable to and by the court only. mailed to: the plaintiff. the plaintiffs attorney. the court. Plaintiff name and address Defendant name and address v Plaintiff social security or FE no. Social security no. (primary) Social security no. (secondary) Plaintiffs attorney, address Garnishee Third Party Withholding Unit Michigan State Department of Treasury PO Box 15128 Plaintiff attorney FE no. Plaintiff attorney telephone no. Lansing, Michigan 48901 REQUEST 1. Plaintiff received judgment against defendant for $ on . 2. The amount of the unsatisfied judgment now due (including interest and costs) is $ . 3. Plaintiff knows or with good reason believes the state treasurer is indebted to or controls property belonging to the defendant. 4. Plaintiff requests a writ of garnishment to intercept income tax. I declare that the statements above are true to the best of my information, knowledge, and belief. Date Plaintiff/Agent/Attorney signature WRIT OF GARNISHMENT To be completed by the court. TO THE PLAINTIFF: 1. You must serve this writ on the state treasurer along with a $6.00 fee and any discovery request for information related to this garnishment. 2. You must serve a copy of this writ on the defendant within 7 days after serving the writ on the state treasurer. 3. You are responsible for paying to the state treasurer any reasonable costs incurred by the state treasurer in providing information in response to your discovery request. 4. If a state tax refund or credit is not intercepted before October 31 of the year during which this writ of garnishment is to be processed, you will not receive a disclosure unless you file a written request for one with the state treasurer. This request must be filed between November 1 and December 31 of the tax year following the tax year for which this writ was filed. TO THE DEFENDANT: 1. If a state tax refund or credit is intercepted under this writ, the state treasurer will notify you on a disclosure form. 2. You have 14 days after being notified of an intercept to file objections to the writ of garnishment with the court. If you do not object within this time, the intercepted tax refund or credit held under this writ will be applied to the judgment 28 days after the disclosure was filed with the court. TO THE GARNISHEE: 1. Upon intercepting a state tax refund or credit, calculate the amount available to satisfy all or part of the garnishment. 2. Within 90 days after establishing any other liability for which the state tax refund or credit may be applied under MCL 205.30a file with the court a verified disclosure identifying the intercepted amount, less any setoff, counterclaim, or other demand of the state against the defendant. 3. Unless notified by the court that objections to the writ of garnishment have been filed, payment of the intercepted amount must be made not less than 28 days after filing the disclosure. 4. You are ordered to pay the amount intercepted under this writ as stated at the top of this form. Date of issue Deputy court clerk MC 52 (6/03) REQUEST AND WRIT FOR GARNISHMENT (INCOME TAX REFUND/CREDIT) MCL 600.4061a<<<<<<<<<********>>>>>>>>>>>>> 3 REQUEST AND WRIT FOR GARNISHMENT (INCOME TAX REFUND/CREDIT) Case No. PROOF OF SERVICE TO PROCESS SERVER: You must serve the garnishee with this request and writ of garnishment, the $6.00 fee, and any attachments and file proof of service with the court clerk as directed by the plaintiff. If you are unable to complete service, you mustreturn this original and all copies to the court clerk. CERTIFICATE / AFFIDAVIT OF SERVICE / NON-SERVICE OFFICER CERTIFICATE OR AFFIDAVIT OF PROCESS SERVER I certify that I am a sheriff, deputy sheriff, bailiff, appointed Being first duly sworn, I state that I am a legally competent court officer, or attorney for a party [MCR 2.104(A)(2)], and adult who is not a party or an officer of a corporate party, and that: (notarization not required) that: (notarization required) I served the request and writ of garnishment, the $6.00 fee, and any attachments by: personal service registered or certified mail (copy of return receipt attached) on: Garnishee name Complete address of service Day, date, time Michigan State Department of Treasury PO Box 15128 Third Party Withholding Unit Lansing, Michigan 48901 I served a copy of the request and writ of garnishment by personal service first class mail on: Defendant name Complete address of service Day, date, time I have personally attempted to serve the request and writ of garnishment on the defendant and have been unable to complete service. Defendants name Complete address(es) of service Day, date, timeService fee Miles traveled Mileage fee Total fee Signature $ $ $ Title Subscribed and sworn to before me on , County, Michigan. Date My commission expires: Date Signature: Deputy court clerk/Notary public ACKNOWLEDGMENT OF SERVICE I acknowledge that I have received the request and writ of garnishment (and the $6.00 fee and attachments if applicable) on . Day, date, time on behalf of Signature MCR 2.105
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