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Filing a Motion for Installment Payments

CONSUMER LAW

 

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MOTION FOR INSTALLMENT PAYMENTS

 

            If you are being garnished OR a judgment has been entered against you so that you think you might be garnished, you may want to file a Motion for Installment Payments.

              You can get a copy of this form at the Courthouse or  online at http://courts.michigan.gov/scao/courtforms/garnishment/mc15.pdf.  Please photocopy the form before you use it for court.

                The original of the form must be filed in the same Court that issued the Judgment. (You need to look at a copy of the Judgment you received and copy the information as it appears on the Judgment. This includes the Court and its address, the Court File Number and the names and addresses of the parties.)

                Be sure to fill in the information about your income accurately.  If you need more space to explain why you can’t pay the entire amount immediately, attach a separate page with that explanation. 

                It is important that the amount you propose to pay is an amount that you can reasonably afford; however, it should also be a high enough amount that the Judgment will be paid off over a reasonable period of time (a year or two?)  If there is an attorney representing the other party, it would also be a good idea to call and see if they will agree to your payment plan.

                If a District Court or Small Claims Division issued the Judgment, there is no filing fee. The fee to file a Petition in Circuit Court is $20.00.

                After you have filled the form out completely through the signature in number four, make sure you mail a copy of the motion to the plaintiff.  After you mail a copy, sign the certificate of mailing portion of the form in front of a notary.  Be sure you do not sign that part of the form until you are in front of a notary.  File the original at the Courthouse. 

                The Court will then determine if a hearing is needed.  If it is, you will be sent a court date.  If not, the Court will wait to see if the plaintiff objects to your plan within 14 days.  If the plaintiff objects, you will be sent a court date.  If they do not, the Judge will sign an Order.  Once the Order is signed, the other person cannot garnish your wages so long as you are making the payments that you agreed to make. If you stop making the payments, he/she can go to the Court and ask to have the Installment Order set aside. 

 

This brochure is intended only to provide general information.  If you have more complicated questions or need more specific advice, please consult a lawyer.