Motion And Affidavit For Installment Payments To Amend Order For Installment Payments {MC 15}

Approved, SCAO Original - Court 1st copy - Plaintiff 2nd copy - Defendant STATE OF MICHIGAN JUDICIAL DISTRICT JUDICIAL CIRCUIT Court address MOTION AND AFFIDAVIT FOR INSTALLMENT PAYMENTS/TO AMEND ORDER FOR INSTALLMENT PAYMENTS CASE NO. Court telephone no. Plaintiff's name (judgment creditor), address, and telephone no. Defendant's name (judgment debtor), address, and telephone no. v Plaintiff's attorney, bar no., address, and telephone no. See instructions on reverse side Date of judgment: Amount of judgment (including costs): $ Approximate balance due on judgment: $ 1. A judgment was entered against me in this case as stated above. I submit the following information: 2. My average income is about $ every week. two weeks. month. I am employed and the name and address of my employer is . I am not employed. I am receiving unemployment benefits. I have a vehicle: Year: Make: Model: The total amount in all my bank accounts is $ . Amount Owed: $ Write down any other assets and how much they are worth. If you need more space, attach a separate sheet. I pay $ I pay $ in rent/mortgage every month. I pay $ for court-ordered child support. I pay $ in utilities (water, electricity, gas) every month. for court-ordered . Write down any other obligations and how much you pay. If you need more space, attach a separate sheet. a. I ask this court for an order allowing installment payments of the judgment in the amount of $ every week two weeks month starting , and that no garnishment for wages/personal work and labor issue on this judgment as long as payment is made. OR b. I have an order for installment payments, but my circumstances have changed and I ask this court for an amended order in the amount of $ every week two weeks month starting until paid in full or until further order of the court. 4. A writ of garnishment for periodic payments was issued on . I ask that it be suspended. 5. This affidavit is made on my personal knowledge and, if sworn as a witness, I can testify competently to the facts in this motion and affidavit. Defendant's signature 3. Subscribed and sworn to me on My commission expires: Date Date , Signature: Notary public/Deputy court clerk County, Michigan. Notary public, State of Michigan, County of CERTIFICATE OF MAILING I certify that on this date I served a copy of this motion on the parties or their attorneys by first-class mail to their last-known addresses as defined in MCR 2.107(C)(3). Defendant's signature/District court clerk Date NOTICE TO PLAINTIFF: If you do not file objections to the motion with the court and serve them on the defendant within 14 days from the mailing of this motion, the motion will be granted without further hearing. If you file timely objections, the court will decide the motion based on the papers filed or will notify the parties that a hearing will be required. MCL 600.6201 et seq., MCR 2.119(B)(1)(c), MCR 3.101(N), MCR 3.104 MC 15 (8/12) MOTION AND AFFIDAVIT FOR INSTALLMENT PAYMENTS/TO AMEND ORDER FOR INSTALLMENT PAYMENTS American LegalNet, Inc. www.FormsWorkFlow.com Instructions for Filing and Serving a Motion and Affidavit for Installment Payments/to Amend Order for Installment Payments (Form MC 15) Use this form if you want to ask the court to allow you to make payments instead of having your wages garnished. NOTE: Even if an installment payment order is entered, the plaintiff can still garnish your bank accounts, take your state income tax refund, and seize your property. 1. How do I file a Motion? You file a motion by completing the form and filing it with the same court that signed the judgment. There is a $20 motion fee for filing a motion for installment payments. 2. Fill out the Motion form. Write in the court number, case number, the court address and telephone number, and the names, addresses, and telephone numbers of the plaintiff and the defendant exactly as they are on the judgment. Write in the date the judgment was entered and the amount of the judgment. Get this information from your copy of the judgment, not from a writ of garnishment or other paper. Write in the balance now due on your judgment. It doesn't need to be exact but should be close. Write in all the requested information in item 2. Include any information about other money judgments or orders. Write in the amount you can afford to make on your judgment in item 3. Check how often you can make that payment and write in the date you want to start making these payments. Make sure you will be able to pay this amount every time. If a writ of garnishment for periodic payments (form MC 12) was already issued, check the box in item 4 and write in the date the garnishment was issued (see the lower left-hand corner of the writ of garnishment). You must sign your name in front of a notary public or the clerk of the court. Be sure to take your driver's license or other identification with you. You can find a notary public at most banks. 3. Make three copies of the completed motion form and any attachments. 4. File the Motion with the court. File all three copies of your motion with the court in person or by first-class mail. If you mail your motion to the court, include a postage-paid and self-addressed envelope with your motion so that the court can return copies. 5. Serve the Motion. If your case is in the district court, the court will serve the motion and will return one copy to you. If your case is in the circuit court, when you get the two remaining copies of the motion, serve a copy on the plaintiff by firstclass mail. If the plaintiff has an attorney, serve the motion on the attorney instead of the plaintiff. Complete the Certificate of Mailing on the bottom of your copy of the form. Make a copy of this and file it with the court. You can do this either in person or by first-class mail. Keep a copy for yourself. 6. What happens next? If the judge signs an installment payment order, you must send a copy to the plaintiff. If a periodic writ of garnishment was already issued, send a copy of the order to the garnishee (the name and address is on the writ of garnishment). Otherwise, the garnishee will withhold your money. 7. Make installment payments. You must make installment payments on time as ordered until the judgment is paid in full. If you stop making payments, are late making payments, or pay less than the amount ordered, the plaintiff can file a motion with the court to set aside (stop) the order for installment payments. If the order for installment payme