Garnishee Disclosure Form. This is a Michigan form and can be use in Garnishment Statewide.
Tags: Garnishee Disclosure, MC 14, Michigan Statewide, Garnishment
Court telephone no.Court address Approved, SCAOSTATE OF MICHIGANCASE NO.JUDICIAL DISTRICTJUDICIAL CIRCUIT15 USC 1672, 15 USC 1673, MCR 3.101GARNISHEE DISCLOSUREMC 14(4/18)GARNISHEE DISCLOSUREv Garnishee name and address Plaintiff's attorney, bar no., address, and telephone no.Defendant's name, address, and telephone no. (judgment debtor)Plaintiff's name, address, and telephone no. (judgment creditor)Garnishee/Agent/Attorney signatureDate1.This disclosure is for a writ of garnishment issued on and received by garnishee on .a.The garnishee mailed or delivered a copy of the writ of garnishment to the defendant on.b.The garnishee was unable to mail or deliver a copy of the writ of garnishment to the defendant.c. The garnishee will not withhold payments under the writ of garnishment. The writ of garnishment was served after thedeadline date for service and the writ is invalid.2.At the time of service of the writ:Nonperiodic Garnishmentsa.The garnishee is not indebted to the defendant for any amount and does not possess or control the defendant's property,money, etc. Reason:b.The garnishee is indebted to the defendant for nonperiodic payments as follows:The amount to be withheld is $ and does not exceed the amount stated in item 2 of the writ.c.Withholding is exempt because .Periodic Garnishmentsd.The garnishee is not obligated to pay the defendant during the period of the writ.Reason:not employed.othere.The garnishee is obligated to pay the defendant during the period of the writ.Payments are forearnings.nonearnings .Payments are madeweekly.biweekly.semimonthly.monthly.other:A higher priority writ/orderisis notcurrently in effect. If a higher priority writ/order is in effect, complete the following.Withholding under this writwill begin immediately if sufficient funds are available.will not begin immediately because defendant islaid off.sick.on leave.other: .I declare that the statements above are true to the best of my information, knowledge, and belief.onI mailed or personally delivered the original of this disclosure to the court.onI mailed or personally delivered a copy of this disclosure to the plaintiff/attorney.onI mailed or personally delivered a copy of this disclosure to the defendant.DO NOT Include Your Payment With This Disclosure. See item 3 of the instructions for details.SEE INSTRUCTIONS ON OTHER SIDE I certify that: frequency of payment Specify nature of payment (see instructions on other side) specify Type of account and account number, if applicable Description of property, money, negotiable instruments, etc. under garnishee's control Date served Name of court that issued higher priority writ/orderCase number Date issued State the exemption and legal authority Garnishee/Agent/Attorney signatureDate Original - Court1st copy - Plaintiff2nd copy - Garnishee3rd copy - Defendant American LegalNet, Inc. www.FormsWorkFlow.com GARNISHEE INSTRUCTIONSDefinitions225A garnishment is a court order allowing the plaintiff (creditor) to take part or all of money owed to the defendant to pay for ajudgment. You have been identified as a "garnishee," a person who has control over some or all of the money that is paid tothe defendant.225Periodic payments are payments you make to the defendant on a regular basis. These payments could be paychecks, rentpayments, land contract payments, or other contract payments.225Nonperiodic payments include bank accounts, other property, money, goods, chattels, credits, negotiable instruments oreffects, or earnings in the form of bonuses that are not paid to the principal defendant on a periodic basis. The rest of theseinstructions do not apply to garnishment of property, which needs to be sold before it can be applied to the judgment.Responsibility to Disclose: Within 14 days after being served with the writ of garnishment, you must deliver or mail copies ofthis completed disclosure to the court, plaintiff's attorney (or plaintiff, if no attorney), and the defendant. This applies even if youare not indebted or not obligated to make periodic payments to the defendant. No further disclosures are required.Withholding Instructions: As the garnishee, you are being court ordered to withhold all or part of the money you owe thedefendant to pay the plaintiff's judgment. You are required to withhold money until the plaintiff's judgment is satisfied or the courtorders otherwise. If you do not do this, a judgment may be entered against you.1.Determine when funds should be withheld.a.If item 2b is checked, funds or other property available at the time of service of the writ must be withheld from thedefendant from the time of this disclosure.b.If item 2e is checked, funds must be withheld for each period you are indebted to the defendant. For example, if thedefendant is your employee and he or she is paid weekly, you would withhold weekly.Determine the date withholding will begin as follows.1)For garnishees with weekly, biweekly, or semimonthly pay periods, withholding begins with the first full pay period afterthe writ was served.2)For garnishees on a monthly pay period,225if the writ is served on the garnishee within the first 14 days of the pay period, withholding begins on the date the writwas served.225if the writ is served on or after the 15th day of the pay period, withholding begins on the next full pay period after thewrit was served.2.Priority Writs or Orders and Multiple Writs (for periodic garnishments only):Garnishments with a higher priority than this garnishment of periodic payments are225orders of bankruptcy court.225 orders for past due federal or state taxes.225income withholding for support of any person.225 other general garnishments served before this writ.a.If a higher priority writ/order is currently in effect and withholding under this writ is not appropriate at this time, you mustkeep this writ until (1) the higher priority writ/order has been satisfied or is otherwise not applicable, (2) the defendant'swages are sufficient for multiple writs, or (3) other circumstances change, which make funds available. Then, you mustdetermine whether withholding can begin under this writ.b.If a higher priority writ/order is served on you while this writ is in effect and there is not enough money available for multiplewrits, you must suspend withholding under this writ and inform the plaintiff of that fact.c. The plaintiff may not file another writ of garnishment of periodic payments for the same defendant, garnishee, andjudgment while the existing writ is pending.3.Determine the amount to be withheld. The amount withheld cannot exceed the amount of the balance of the judgmentspecified in item 2 of the request. For periodic garnishment of earnings only, a calculation sheet (the last sheet of thismultipart form) is provided to determine the amount to be withheld. You do not need to use this calculation sheet, but if youdo, you are not required to file it with the court or provide it to the defendant and plaintiff. However, a record of paymentcalculations must be maintained and made available for review by the plaintiff, defendant, or court upon request.Payment Instructions: Determine when disclosed amounts may be released. Funds available under this writ of garnishment maynot be released to the plaintiff or court until 28 days after you were served with the writ. After 28 days, funds must be paid as orderedin this writ unless otherwise notified by the court. For periodic garnishments only. After 28 days from the date of the service of the writ on the garnishee, the garnishee shall transmit all withheld funds to the plaintiff or the court as directed by the court unless notified that objections have been filed. Every timea periodic payment is withheld, the garnishee must provide the plaintiff, defendant (and the court if funds are deposited with thecourt) with the case name, case number, date of withholding, amount withheld, and the balance due on the writ. At least onceevery six months, the creditor must provide a statement of the balance remaining on the judgment, including interest and costs.The garnishee should rely on this statement to determine when the judgment is satisfied.Final Statement Instructions: A f