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Motion For Installment Payments Form. This is a Michigan form and can be use in Garnishment Statewide.
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) American LegalNet, Inc. www.FormsWorkflow.com 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 American LegalNet, Inc. www.FormsWorkflow.com 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. American LegalNet, Inc. www.FormsWorkflow.com