(Click on the item below to go directly to that section)
EXECUTION
GARNISHMENT - PERIODIC
GARNISHMENT - NON PERIODIC
GARNISHMENT - INCOME TAX REFUND
DISCOVERY SUBPOENA
SATISFACTION OF JUDGMENT
DISMISSAL
WHERE DO I GET THE FORMS?
THIS PAGE DOES NOT INCLUDE THE FORMS THEMSELVES. YOU CAN OBTAIN THESE FORMS FROM THE FORMS LINK ON THIS PAGE BELOW. FORMS ARE ALSO AVAILABLE FROM THE COURT CLERK. THIS PAGE WILL MERELY GUIDE YOU THROUGH THE PROCESS OF COMPLETING THE FORMS. THIS SHOULD NOT BE CONSIDERED LEGAL ADVICE, BUT A GENERAL GUIDE AS TO HOW THE FORMS WORK. IF YOU HAVE ANY QUESTIONS, THEY SHOULD BE DIRECTED TO YOUR ATTORNEY.
EXECUTION (This is the process allowing a court officer to seize property belonging to the defendant, which can be sold to pay for your judgment.)1. Place your case number, from the judgment, in the box in the upper right hand corner.
2. In the next set of boxes: You are the Plaintiff. Include your complete name, address and telephone number.
3. Include as much information as you have about the Defendant, including complete name, address and telephone number. The more information you have, the easier the job of the court officer or civil division sheriff deputy assigned to the execution. (Remember, you pay for the services of the court office or civil division sheriff deputy. The less work he has to do, the lower his fee will be.)
Line 1. Place the date the judgment was entered here. Then the amount of the judgment. Then interest earned since the judgment was entered. The clerk can tell you the interest rate - which is simple interest, not compounded. Then any post judgment costs (filing fees to the court and other allowed expenses - see your attorney). Then the total. Next, if some payments have been made towards the judgment, place this amount here. Finally - the balance due to you.
Line 2. If you sued several individuals but only obtained judgment against some, place on this line the names of the defendants you do not have judgment against.
Line 3. Indicate here which defendants (that you have a judgment against) whose property you want seized by the court officer or civil division deputy sheriff.
Sign the form - file it with the clerk and pay the appropriate fees.
The judge will review the form and if everything appears to be in order - will sign the order.
GARNISHMENT(This is the process allowing you to collect your judgment directly from defendant’s wages, bank accounts or income tax refunds.)
There are three different forms:
1) non-periodic - to collect from bank accounts or others holding assets of the individual you have a judgment against.
2) periodic - to collect from wages - (can only be used against an individual, or a business)
3) Income tax refund/credit - to collect from income tax refund or credit - can only be used against an individual, not a business)
GARNISHMENT1. Place your case number, from the judgment, in the box in the upper right hand corner.
2. In the next set of boxes: You are the Plaintiff. Include your complete name, address and telephone number.
3. Include as much information as you have about the Defendant, including complete name, address and telephone number. It is essential you have both the social security number of the defendant and the account numbers from which you want money taken.
4. The Garnishee is the bank or credit union (or other depository) holding funds of the defendant you want seized. Place their name and address here.
5. Line 1. Place the amount of the judgment (from your judgment form) here and the date judgment was entered (from your judgment) on this line.
6. Line 2. Then determine what is still owing on the judgment. Take the judgment amount, add any additional court costs (filing fees to the court and other allowed expenses - see your attorney) and interest earned since the judgment was entered. The clerk can tell you the interest rate - which is simple interest, not compounded.. Then the total. Next, if some payments have been made towards the judgment, subtract that from the total. Then place this amount here, the balance due you.
7. Toward the bottom of the form is a shaded box - check both boxes in the shaded are for "the Plaintiff".
8. Sign the form - file it with the clerk and pay the appropriate fees.
The judge will review the form and if everything appears to be in order - will sign the order. This will have to be served on the garnishee, either by certified mail (you may do this) or a process server. See the clerk for a list of approved process servers.
GARNISHMENT1. Place your case number, from the judgment, in the box in the upper right hand corner.
2. In the next set of boxes: You are the Plaintiff. Include your complete name, address and telephone number.
3. Include as much information as you have about the Defendant, including complete name, address and telephone number. It is essential you have the social security number of the defendant. It is also helpful if you have the employee ID number or account number. Some employers will not process claims without this information.
4. The Garnishee is the employer of the defendant, paying wages you want seized. Place their name and address here.
5. Line 1. Place the amount of the judgment (from your judgment form) here and the date judgment was entered (from your judgment) on this line.
6. Line 2. Then determine what is still owing on the judgment. Take the judgment amount, add any additional court costs (filing fees to the court and other allowed expenses - see your attorney) and interest earned since the judgment was entered. The clerk can tell you the interest rate - which is simple interest, not compounded.. Then the total. Next, if some payments have been made towards the judgment, subtract that from the total. Then place this amount here, the balance due you.
7. Toward the bottom of the form is a shaded box - check both boxes in the shaded are for "the Plaintiff".
8. Sign the form - file it with the clerk and pay the appropriate fees.
The judge will review the form and if everything appears to be in order - will sign the order. This will have to be served on the garnishee, either by certified mail (you may do this) or a process server. See the clerk for a list of approved process servers.
1. Place your case number, from the judgment, in the box in the upper right hand corner.
2. In the next set of boxes: You are the Plaintiff. Include your complete name, address and telephone number.
3. Include as much information as you have about the Defendant, including complete name, address and telephone number. It is essential you have the social security number of the defendant.
4. The Garnishee is the Michigan Department of Treasury, whose name and address are already complete.
5. Line 1. Place the amount of the judgment (from your judgment form) here and the date judgment was entered (from your judgment) on this line.
6. Line 2. Then determine what is still owing on the judgment. Take the judgment amount, add any additional court costs (filing fees to the court and other allowed expenses - see your attorney) and interest earned since the judgment was entered. The clerk can tell you the interest rate - which is simple interest, not compounded.. Then the total. Next, if some payments have been made towards the judgment, subtract that from the total. Then place this amount here, the balance due you.
7. Sign the form - file it with the clerk and pay the appropriate fees.
The judge will review the form and if everything appears to be in order - will sign the order. This will have to be served on the garnishee, either by certified mail (you may do this) or a process server. See the clerk for a list of approved process servers.
(Use this form to have the Defendant ordered to court and disclose assets, employer, social security number, ect.)
1. Place your case number, from the judgment, in the box in the upper right hand corner.
2. In the next set of boxes: You are the Plaintiff. Include your complete name, address and telephone number. Check the box CIVIL.
3. Include as much information as you have about the Defendant, including complete name, address and telephone number.
4. Where you see: "IN THE NAME OF THE PEOPLE OF THE STATE OF MICHIGAN"
- place the name and address of the defendant again in this space, on the right.
5. In the box where you see: YOU ARE ORDERED to appear - ect., check the box titled "the court address above". The court will fill in the date and time of the hearing.
6. Line 3, do not check this box.
7. Line 4, check this box. In the lines following this box, include all the documents you want the defendant to produce, such as current bank records, last years income tax return’s, pay check stubs for current employer, titles for all vehicles owned and any other documents that will disclose assets. You should see your attorney for a complete list of items you can obtain.
8. Line 5, check this box.
9. Line 6 and 7, do not check these boxes, they remain blank.
10. Line 8, again - place your name, address and telephone numbers in this box.
11. Do not sign the form, but file it with the clerk and pay the appropriate fees.
The judge will review the form and if everything appears to be in order - will sign the order. This will have to be served on the defendant by a court officer. See the clerk for a list of approved court officers.
Complete this form when you have received your money and the judgment is paid in full.
1. Place your case number, from the judgment, in the box in the upper right hand corner.
2. In the next set of boxes: You are the Plaintiff. Include your complete name, address and telephone number.
3. Include as much information as you have about the Defendant, including complete name, address and telephone number.
4. In the section titled: "TO THE CLERK OF THE COURT:"
Enter the date the judgment was entered. Then check the box "in whole" if you have received all money due you - check the box "in part" if you have received part of the money due to you.
5. Date and sign the form and turn it into the clerk. There is no fee.
Use this form if for some reason you desire to dismiss your claim before hearing, or you reach a settlement with the Defendant.
1. Place your case number, from the affidavit, in the box in the upper right hand corner.
2. In the next set of boxes: You are the Plaintiff. Include your complete name, address and telephone number.
3. Include as much information as you have about the Defendant, including complete name, address and telephone number.
4. If you are dismissing the case but have not reached an agreement with the Defendant, complete "NOTICE OF DISMISSAL BY PLAINTIFF". Check the box next to this phrase.
To dismiss with prejudice means you can never come back to court on this claim. To dismiss without prejudice means you reserve the right to re-file on this claim at a later date. Check the appropriate box. If there is more than one defendant, check the appropriate box if you are dismissing as to all defendants or only some of them. If some of them, write the names of the defendants you are dismissing against on the line. Date and sign the form and turn it into the clerk. There is no fee. The court will review the form and if everything is in order - will sign the order.
5. If you are dismissing the case because of an agreement, skip the NOTICE OF DISMISSAL BY PLAINTIFF, and fill out the STIPULATION TO DISMISS section. Check the box next to this phrase.
6. To dismiss with prejudice means you can never come back to court on this claim. To dismiss without prejudice means you give up the right to re-file on this claim at a later date. Check the appropriate box. If there is more than one defendant, check the appropriate box if you are dismissing as to all defendants or only some of them. If some of them, write the names of the defendants you are dismissing against on the line. Both the Plaintiff and Defendant date and sign the form and turn it into the clerk. There is no fee. The court will review the form and if everything is in order - will sign the order.
Various forms are available from our clerks office. The fee is $1.00 per form. There are also several commercial firms that sell the court forms in bulk.
You may also obtain forms from the link below, which is the web page maintained by the Michigan Supreme Court. Some of these forms can be completed on line and print to your own computer's printer, using a .PDF format, or you can download them.
The .PDF format requires you to have installed on your computer, Adobe Acobat Reader 4.0, which will allow your printer to print out the form as it appears on your computer screen. There is a link below from this page to the Adobe web site, so that you can download (free of charge) the Adobe Acobat Reader.
Go to the Garnishment forms page by clicking on the seal icon below.
Satisfaction of Judgment and Dismissal forms can be found HERE
