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Submitted by DakotaLegal on
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Submitted by DakotaLegal on
Not only should you be able to collect the amount stated in your original judgment, but now also additional costs plus the interest that’s adding up. If the defendant (called the judgment debtor) refuses to pay the judgment, you can also try to collect your money through additional legal proceedings, allowing you to seize property, or to try new types of garnishment.
When Were You Supposed To Get Money from the Garnishment?
The garnishee/employer only had fourteen days after the writ was served to let you know if any money was available for garnishment.
What About Seizure of Property?
Seizure of property is to let a court officer to seize property belonging to the judgment debtor, and which can then be sold to pay money owed to you. To file your request to seize property, use the form called Request and Order to Seize Property.
How Do You Get This Order to Seize Assets?
To have gotten the first order for garnishment, you must have known where the defendant lived and worked. Now that the defendant has ignored that garnishment, you’ll need to find out what other assets she has and where those assets are located, and any other information that identifies her property. To get that information, you can order them to appear in court for questioning. You can start this process by filing a discovery subpoena. Use a form called Order to Appear and/or Produce. http://courts.mi.gov/Self-help/center/casetype/Pages/SmallClaimsSH.aspx.When you schedule that hearing, be sure you’ve served the employer, too. Their failing to obey the garnishment may lead to a finding of contempt.
Next, you’ll use a form called Request and Order to Seize Property, to actually begin the process of taking property. The court will decide whether or not to issue that Order, and if it’s approved, will be served by a sheriff. Once property is seized, sold, and accounted for, the money will be sent to you. The sheriff or court officer is also entitled to some fees, which are deducted from the property sale.
Re-try Garnishment…
There are actually three types of garnishments: 1) periodic, 2) non-periodic, and 3) an income tax “intercept.” The periodic writ of garnishment (which you used first) is used to garnish the wages, rent payments, or land contract payments on a periodic basis. This periodic garnishment is only valid until an expiration date (clearly stated on the writ), or until costs are paid off. Check the dates on the writ and see if there was an error, perhaps excusing the employer.
The non-periodic writ of garnishment (that’s form MC 13) can be used to garnish bank accounts and other property too. But, once money has been garnished under this non-periodic writ, that writ is “used up,” and you need to get a new writ.
What Else Can You Do?
You can also try using an income tax writ of garnishment (that’s form MC 52). This is a way to get a debtor’s income tax refund. Once the tax refund has been “intercepted” by the Treasury Department, however, the writ is no longer valid. So if there’s a remaining balance, you must get another writ to collect more money.
If your judgment was based on a traffic accident, you can even ask the court for an “abstract” of judgment, which you can then use to suspend a Michigan driver's license… until she pays http://www.michbar. org/journal/ pdf/pdf4article691.pdf.
Not only should you be able to collect the amount stated in your original judgment, but now also additional costs plus the interest that’s adding up. If the defendant (called the judgment debtor) refuses to pay the judgment, you can also try to collect your money through additional legal proceedings, allowing you to seize property, or to try new types of garnishment.
When Were You Supposed To Get Money from the Garnishment?
The garnishee/employer only had fourteen days after the writ was served to let you know if any money was available for garnishment.
What About Seizure of Property?
Seizure of property is to let a court officer to seize property belonging to the judgment debtor, and which can then be sold to pay money owed to you. To file your request to seize property, use the form called Request and Order to Seize Property.
How Do You Get This Order to Seize Assets?
To have gotten the first order for garnishment, you must have known where the defendant lived and worked. Now that the defendant has ignored that garnishment, you’ll need to find out what other assets she has and where those assets are located, and any other information that identifies her property. To get that information, you can order them to appear in court for questioning. You can start this process by filing a discovery subpoena. Use a form called Order to Appear and/or Produce. http://courts.mi.gov/Self-help/center/casetype/Pages/SmallClaimsSH.aspx.When you schedule that hearing, be sure you’ve served the employer, too. Their failing to obey the garnishment may lead to a finding of contempt.
Next, you’ll use a form called Request and Order to Seize Property, to actually begin the process of taking property. The court will decide whether or not to issue that Order, and if it’s approved, will be served by a sheriff. Once property is seized, sold, and accounted for, the money will be sent to you. The sheriff or court officer is also entitled to some fees, which are deducted from the property sale.
Re-try Garnishment…
There are actually three types of garnishments: 1) periodic, 2) non-periodic, and 3) an income tax “intercept.” The periodic writ of garnishment (which you used first) is used to garnish the wages, rent payments, or land contract payments on a periodic basis. This periodic garnishment is only valid until an expiration date (clearly stated on the writ), or until costs are paid off. Check the dates on the writ and see if there was an error, perhaps excusing the employer.
The non-periodic writ of garnishment (that’s form MC 13) can be used to garnish bank accounts and other property too. But, once money has been garnished under this non-periodic writ, that writ is “used up,” and you need to get a new writ.
What Else Can You Do?
You can also try using an income tax writ of garnishment (that’s form MC 52). This is a way to get a debtor’s income tax refund. Once the tax refund has been “intercepted” by the Treasury Department, however, the writ is no longer valid. So if there’s a remaining balance, you must get another writ to collect more money.
If your judgment was based on a traffic accident, you can even ask the court for an “abstract” of judgment, which you can then use to suspend a Michigan driver's license… until she pays http://www.michbar. org/journal/ pdf/pdf4article691.pdf.