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MI HB4119
Bill
Status
4/15/2015
Primary Sponsor
Daniela Garcia
Click for details
AI Summary
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Garnishments of periodic payments remain in effect until judgment balance is satisfied, with priority determined by date of receipt, except income withholding orders and tax levies have priority regardless of receipt order.
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Plaintiffs must provide garnishees and defendants a statement every 6 months showing remaining judgment balance and must issue a release of garnishment within 21 days of full payment.
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Plaintiffs cannot enter default against a garnishee unless they first serve a notice of failure and the garnishee fails to cure within 28 days by resuming withholding or performing required acts.
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Courts may reduce or set aside default judgments if the garnishee's failure was inadvertent or caused by administrative error, or if the garnishment was improperly served or the notice of failure was inaccurate.
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Plaintiffs must pay garnishees a $35.00 fee when serving garnishment, and the act applies only to writs issued after September 30, 2015.
Legislative Description
Civil procedure; garnishment; garnishment of periodic payments; revise procedure. Amends sec. 4012 of 1961 PA 236 (MCL 600.4012). TIE BAR WITH: HB 4120'15
Civil procedure: garnishment
Last Action
Assigned Pa 14'15 With Immediate Effect
4/15/2015