This message will help people who want to start a garnishment proceeding.
If you begin the garnishment proceeding, you are called the plaintiff. The person who owes you money is called the defendant. The bank, employer or other third party who has control over the principal defendant's assets is called the garnishee.
The most common type of garnishment is called an income withholding. In an income withholding, money from the defendant's paycheck is withheld by the employer and sent to the plaintiff. Each garnishment lasts for 90 days. After expiration a new garnishment must be filed. This process continues until the judgment has been paid in full. Other sources of income that can be garnished are saving accounts and money obtained from the sale of property or other assets.
As the plaintiff, you must file a form called an "Affidavit and Writ of Garnishment" with the court that granted the original judgment. Once the court has signed the Affidavit and Writ of Garnishment, the plaintiff is responsible for serving these documents on the garnishee. Copies of the writ and a disclosure form must also be provided to the defendant. The plaintiff is responsible for paying the filing, service and disclosure fees.
After receiving these documents, the garnishee must complete and file the disclosure form with the court. The disclosure form states what money, property or other assets they have which belong to the principal defendant. Copies of the completed forms must also be sent to the plaintiff and the defendant. Some money and assets cannot be garnished by law.
You may need to consult an attorney for help. However, an attorney may not file a garnishment in small claims cases.
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Last updated 1-28-00
Send your comments, questions and suggestions to Phil Harter at 161
E Michigan Avenue, Battle Creek, Michigan 49014
or e mail to pharter@calhouncountymi.gov