You must wait 21 days after your small claims judgment was signed before you can get a garnishment. There are three types of garnishment: 1) periodic, 2) nonperiodic, and 3) income tax intercept. Use the appropriate form MC 12, MC 13 or MC 52, Request and Writ for Garnishment, to start the garnishment process.
Dear Creditor: Please provide me with verification of the debt which you state I owe. Please provide me with any records which are in your possession, including, but not limited to, all statements of each account, invoices, and any other documentation which I may have signed.
``TO WHOM IT MAY CONCERN: This letter serves to inform you that I dispute the validity of this debt. I expect, as a result of my informing you of this dispute, that I will be mailed a copy of verification of this debt. I also request that you provide the name and address of the original creditor.
In fact, it's a bit of a misnomer because the creditor can sue you and get a judgment. But the creditor can't collect on the judgment. So, you can still have a judgment of record against you, but the creditor can't collect on it. However, most creditors won't bother to sue if they know that you're judgment proof.
Collect Before the Judgment Expires The clock on the expiration date is stopped while the judgment debtor is paying a judgment in installments. A judgment from a Small Claims case expires six years after it is issued. Most other judgments in Michigan expire 10 years after they are issued.
In a debt collection lawsuit, a judgment is a court order that allows the debt collector to use stronger tools, like garnishment, to collect the debt. A judgment is an official result of a lawsuit in court.
Most creditors will file the release of judgment within 30-60 after you finish paying them. What if I need the judgment released immediately (“I'm supposed to close next week!”)? You can ask them to give you the release sooner. They might do it; they might not.
Judgment liens may simply be filed and recorded by an attorney. There is no personal confrontation with the defendant and no personal property is seized. Service of the judgment lien on the judgment debtor is by certified mail if the judgment is less than $25,000.