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MI SB0038

Bill

Status

Passed

12/31/2013

Primary Sponsor

Rick Jones

Click for details

Origin

Senate

97th Legislature

AI Summary

  • Allows cities to file garnishment actions in court when a defendant fails to appeal a hearing officer's order for civil fines or costs within the allowed timeframe and the city has not obtained a lien.

  • Courts must issue a writ of garnishment immediately upon filing, which serves in place of a summons and complaint, with the same response deadlines as standard garnishment actions.

  • Cities may name multiple initial garnishee defendants in a single action and obtain subsequent writs against additional garnishee defendants without court permission.

  • Defendants and garnishee defendants are prohibited from raising any issues in the garnishment action that could have been appealed under the home rule city act's appeals process.

  • Garnishment actions under this section otherwise follow existing statutes and court rules applicable to other garnishment actions, except as modified by rules adopted by the Michigan Supreme Court.

Legislative Description

Civil procedure; garnishment; garnishment for failure to pay fines or costs ordered under the home rule cities act; provide for. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 4027.

Cities, home rule

Last Action

Assigned Pa 0191'13

12/31/2013

Committee Referrals

Local Government4/18/2013
Judiciary1/16/2013

Full Bill Text

No bill text available