Loading chat...

MI HB5390

Bill

Status

Introduced

3/5/2014

Primary Sponsor

Kevin Cotter

Click for details

Origin

House of Representatives

97th Legislature

AI Summary

  • Writs of garnishment for periodic payments remain in effect until the judgment balance is satisfied, rather than expiring after a set period.

  • Garnishees must prioritize garnishments in the following order: court-ordered support obligations first, then tax levies, then other garnishments by date received.

  • 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.

  • 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.

  • 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

Committee Referrals

Reforms, Restructuring And Reinventing9/23/2014
Commerce3/5/2014

Full Bill Text

No bill text available