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MI HB5390
Bill
Status
3/5/2014
Primary Sponsor
Kevin Cotter
Click for details
AI Summary
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Writs of garnishment for periodic payments remain in effect until the judgment balance is satisfied, rather than expiring after a set period.
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Garnishees must prioritize garnishments in the following order: court-ordered support obligations first, then tax levies, then other garnishments by date received.
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Plaintiffs must provide balance statements to garnishees and defendants every 6 months after receiving first payment, and must release the garnishment within 14 days of full payment including interest and costs.
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Plaintiffs can only request default judgment against garnishees after serving a notice of failure and allowing 28 days to cure; garnishees can reduce default judgments if failure was inadvertent and they begin withholding within 56 days.
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Plaintiffs must pay garnishees a fee of $35.00 when serving writs of garnishment for periodic payments, and periodic payments include wages, rent, and land contract payments but exclude bank interest, automatic charges, and check withdrawals.
Legislative Description
Civil procedure; garnishment; writ of garnishment regarding periodic payments; modify liability of garnishee. Amends sec. 4012 of 1961 PA 236 (MCL 600.4012). TIE BAR WITH: HB 5391'14
Civil procedure, garnishment
Last Action
Referred To Committee Of The Whole With Substitute S-1
12/11/2014