Request And Writ For Garnishment (Income Tax Refund Or Credit) {MC 52} | Pdf Fpdf Docx | Michigan

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Request And Writ For Garnishment (Income Tax Refund Or Credit) {MC 52} | Pdf Fpdf Docx | Michigan

Request And Writ For Garnishment (Income Tax Refund Or Credit) {MC 52}

This is a Michigan form that can be used for Garnishment within Statewide.

Alternate TextLast updated: 1/8/2020

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MC 52(4/18)REQUEST AND WRIT FOR GARNISHMENT (INCOME TAX REFUND/CREDIT) (Part 1)MCL 600.4061, MCL 600.4061a STATE OF MICHIGAN Court telephone no. REQUEST AND WRIT FOR GARNISHMENT(INCOME TAX REFUND/CREDIT)Approved, SCAOJUDICIAL DISTRICTJUDICIAL CIRCUITCourt address CASE NO.Zip code 225225225225225225225v Plaintiff's name and address (judgment creditor)Defendant's name and address (judgment debtor) GarnisheeThird Party Withholding UnitMichigan Department of TreasuryPO Box 30785Lansing, Michigan 48909 Plaintiff's attorney, address Plaintiff attorney FE no. Plaintiff attorney telephone no.225225225225225 Plaintiff FE no. / Social security no. Social security no. TO THE GARNISHEE: Make the amount intercepted pursuant to this writ payable to andmail to:the plaintiff.the plaintiff's attorney.the court.This portion to be completedby the court only. DateTO THE PLAINTIFF:1.The social security number field is blacked out for security reasons on all parts except the garnishee copy.2.You must serve this writ on the state treasurer along with a $6.00 fee and any discovery request for information related tothis garnishment.3.You must serve a copy of this writ on the defendant within 7 days after serving the writ on the state treasurer.4.You are responsible for paying to the state treasurer any reasonable costs incurred by the state treasurer in providinginformation in response to your discovery request.5.If a state tax refund or credit is not intercepted before October 31 of the year during which this writ of garnishment is to beprocessed, you will not receive a disclosure unless you file a written request with the state treasurer between November 1 andDecember 31 of the tax year following the tax year for which this writ was filed.TO THE DEFENDANT: See separate instructions.1.If a state tax refund or credit is intercepted pursuant to 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 donot object within this time, the intercepted tax refund or credit held under this writ will be applied to the judgment 28 daysafter 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 demandof 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 amountmust 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. WRIT OF GARNISHMENT To be completed by the court.REQUEST NOTE for item 2: If a civil judgment includes judgment interest in the 223total judgment224 field (as in the forms in use before the 5/07 revisions),the interest amount reported in item 2 should not include any postfiling interest already included in the judgment.Plaintiff/Agent/Attorney signature1.On, the plaintiff received judgment against the defendant for:$ .2.The total amount of judgment interest accrued to date is:$ .The total amount of postjudgment costs accrued to date is:$ .The total amount of postjudgment payments made and credits to date is:$ .The amount of the unsatisfied judgment now due (including interest and costs) is:$ .3.Plaintiff knows or with good reason believes the garnishee is indebted to or possesses or controls property belonging to defendant.4.Plaintiff requests a writ of garnishment to intercept income tax and that it be paid toplaintiff's attorney.plaintiff.I declare that the statements above are true to the best of my information, knowledge, and belief. 225 Date of issueDeputy court clerkOriginal - State Treasurer (Part 1)1st copy - Court (Part 2)2nd copy - Defendant (Part 2)3rd copy - Return (proof of service) (Part 2)4th copy - Plaintiff/Attorney (proof) (Part 2) American LegalNet, Inc. www.FormsWorkFlow.com MC 52(4/18)REQUEST AND WRIT FOR GARNISHMENT (INCOME TAX REFUND/CREDIT) (Part 2)Date of issueDeputy court clerk MCL 600.4061, MCL 600.4061a STATE OF MICHIGAN Court telephone no. REQUEST AND WRIT FOR GARNISHMENT(INCOME TAX REFUND/CREDIT)Approved, SCAOJUDICIAL DISTRICTJUDICIAL CIRCUITCourt address CASE NO.Zip code 225225225225225225225v Plaintiff's name and address (judgment creditor)Defendant's name and address (judgment debtor) DateTO THE PLAINTIFF:1.The social security number field is blacked out for security reasons on all parts except the garnishee copy.2.You must serve this writ on the state treasurer along with a $6.00 fee and any discovery request for information related tothis garnishment.3.You must serve a copy of this writ on the defendant within 7 days after serving the writ on the state treasurer.4.You are responsible for paying to the state treasurer any reasonable costs incurred by the state treasurer in providinginformation in response to your discovery request.5.If a state tax refund or credit is not intercepted before October 31 of the year during which this writ of garnishment is to beprocessed, you will not receive a disclosure unless you file a written request with the state treasurer between November 1 andDecember 31 of the tax year following the tax year for which this writ was filed.TO THE DEFENDANT: See separate instructions.1.If a state tax refund or credit is intercepted pursuant to 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 donot object within this time, the intercepted tax refund or credit held under this writ will be applied to the judgment 28 daysafter 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 demandof 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 amountmust 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. WRIT OF GARNISHMENT GarnisheeThird Party Withholding UnitMichigan Department of TreasuryPO Box 30785Lansing, Michigan 48909To be completed by the court. TO THE GARNISHEE: Make the amount intercepted pursuant to this writ payable to andmail to:the plaintiff.the plaintiff's attorney.the court.This portion to be completedby the court only.REQUEST Plaintiff's attorney, address Plaintiff attorney FE no. Plaintiff attorney telephone no.225225225 NOTE for item 2: If a civil judgment includes judgment interest in the 223total judgment224 field (as in the forms in use before the 5/07 revisions),the interest amount reported in item 2 should not include any postfiling interest already included in the judgment.225225Plaintiff/Agent/Attorney signature Plaintiff FE no. / Social security no.1.On, the plaintiff received judgment against the defendant for:$ .2.The total amount of judgment interest accrued to date is:$ .The total amount of postjudgment costs accrued to date is:$ .The total amount of postjudgment payments made and credits to date is:$ .The amount of the unsatisfied judgment now due (including interest and costs) is:$ .3.Plaintiff knows or with good reason believes the garnishee is indebted to or possesses or controls property belonging to defendant.4.Plaintiff requests a writ of garnishment to intercept income tax and that it be paid toplaintiff's attorney.plaintiff.I declare that the statements above are true

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