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Motion For Installment Payments Form. This is a Michigan form and can be use in Garnishment Statewide.
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Tags: Motion For Installment Payments, MC 15, Michigan Statewide, Garnishment
Motion for Installment Payments
Use this form if you have a judgment against you and:
1. You want to make installment payments to pay off
the judgment.
2. The only funds you have to pay the judgment are
wages for personal work and labor.
If you have other sources of income for paying the
judgment, you cannot request installment payments.
There is a fee for filing the motion. The amount is
specified in MCL 600.2529.
The plaintiff may file objections to your motion with
the court. Objections must be filed with the court
within 14 days from the mailing of this motion.
If objections are filed, the court will decide the
motion based on the papers filed or will notify you
and the plaintiff that a hearing will be required.
Unless the court schedules the hearing, you are
responsible for notifying the plaintiff of the hearing
date.
If the court grants installment payments, you are
responsible for sending a copy of the order to the
plaintiff. If a writ of garnishment was already issued
and your employer is currently withholding funds
from your earnings, you will also need to send a copy
of the order to your employer. Otherwise, your
employer will continue to withhold funds.
(Form MC 15)
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Complete all blanks. You can fill out the form by tabbing to each item or you can move the mouse to each
item. Check box items must be selected by using the mouse. Start with the "court number" in the upper
left-hand corner of the form.
Approved, SCAO
STATE OF MICHIGAN
JUDICIAL DISTRICT
JUDICIAL CIRCUIT
Original - Court
1st copy - Plaintiff
2nd copy - Principal defendant
CASE NO.
MOTION FOR INSTALLMENT PAYMENTS
Court address
Court telephone no.
Plaintiff's name and address (judgment creditor)
Principal defendant's name and address (judgment debtor)
v
Plaintiff's attorney, bar no., address, and telephone no.
See instructions on reverse side
Judgment entered:
Amount of judgment (including costs): $
1. I state that a judgment was entered in this case against me as stated above and that I have no funds to pay the judgment
other than wages for personal work and labor. I submit the following information:
Place of employment
Complete address of employment
Average pay
Payday
$
per
Outstanding judgments and obligations
2. I ask this court for an order allowing installment payments of the judgment in the amount of $
each
starting
, and also ask that no garnishment
issue on this judgment pending a hearing on this motion and as long as payment is made. I understand if no written objections
are filed with the court within 14 days from the date this motion is mailed, the motion will be granted without further hearing.
3. A writ of garnishment for periodic payments was issued on
. I ask that it be suspended.
Date
4. Approximate balance due on judgment: $
Defendant's signature
Subscribed and sworn to me on
My commission expires:
,
Date
Date
Signature:
County, Michigan.
Notary public/Deputy court clerk
Notary public, State of Michigan, County of
CERTIFICATE OF MAILING
I certify that on this date a copy of this motion was served on the plaintiff/attorney indicated above by ordinary mail.
After you have completed the motion and filed it with the
court, mail a copy to the plaintiff by regular first class
Defendant's signature/District court clerk
mail. Date your copy of the Motion, enter in the Certificate
On
of Mailing the date you mailed the plaintiff's copy. Then
sign the Certificate. Make a photocopy and file it with the NOTICE TO PLAINTIFF
court.
If you do not file objections to the motion with the court and serve them on the defendant within 14 days from the mailing of this motion,
the motion will be granted without further hearing. If you file timely objections, the court will decide the motion based on the papers
filed or will notify the parties that a hearing will be required.
MC 15 (12/05)
MOTION FOR INSTALLMENT PAYMENTS
MCL 600.6201 et seq., MCR 3.101(N), MCR 3.104
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Instructions to Principal Defendant:
Motion
The motion must be completed in full. Any necessary information relating to your finances that is not provided on the front
can be added below. You must date and sign the motion.
Use this space, if needed, for additional financial information
Certificate of Mailing
The principal defendant is responsible for serving the motion when the motion is filed in the circuit court. The clerk of the court
is responsible for serving the motion when the motion is filed in the district court. The motion is not served on the garnishee
defendant.
Objections
Objections from the plaintiff must be filed with the court within 14 days from the mailing of this petition. If objections are filed, the
court will decide the motion based on the papers filed or will notify the parties that a hearing will be required.
Notice of Hearing
Unless the court schedules the hearing, the defendant is responsible for noticing the motion for hearing.
Order
If the court grants installment payments (SCAO Approved Form MC 15a, Order Regarding Installment Payments), the principal
defendant is responsible for sending a copy of the order to the plaintiff. If a writ of garnishment was already issued and the
principal defendant's employer is currently withholding funds from earnings, the principal defendant will also need to send a copy
of the order to his/her employer (also known as the garnishee defendant). Otherwise, his/her employer will continue to withhold
funds.
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