Michigan Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion

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Multi-State
Control #:
US-02252BG
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Word; 
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Description

Quash means to nullify, void or declare invalid. The procedure is used in both criminal and civil cases when there is an irregularity or defect in procedures.


Wage garnishment is a legal procedure in which a person's earnings are required by court order to be withheld by an employer for the payment of a debt, such as a judgment. The usual mode of attacking a garnishment directly is by a motion to quash or discharge the writ.


This form is a generic motion and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Filing your Objection You must file your objection with the court within 14 days of getting the notice of garnishment to stop the garnishment. For more information, read the instructions in I'm Being Garnished for a Debt That Is Not Child Support.

(4) A judgment lien may be rerecorded only once. A judgment lien is rerecorded by recording with the register of deeds, not less than 120 days before the initial expiration date under subsection (1), a second notice of judgment lien that has been certified by the clerk of the court that entered the judgment.

Lack of Payment If the defendant does not pay the judgment as ordered, you will have to collect your money through an execution against property or a garnishment. To get an execution against property or garnishment, you will first need to know: Where the defendant lives and works.

(E) Dismissal as to Defendant Not Served. (1) On the expiration of the summons as provided in subrule (D), the action is deemed dismissed without prejudice as to a defendant who has not been served with process as provided in these rules, unless the defendant has submitted to the court's jurisdiction.

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. You can renew a judgment before it expires by filing a motion to renew a judgment.

You file an objection by completing the form and filing it with the same court that signed the writ of garnishment. There is no cost for filing an objection except in probate court cases. 2. Fill out the Objection form.

How To Collect On A Judgment Garnishment - 21 days after judgment: Filing Fee $15. a. Periodic - Form MC 12 - A garnishment against the defendant's wages. ... Order to Seize Property - 21 days after judgment: Filing Fee $15. a. ... Discovery Subpoena - 21 days after judgment: Filing Fee $15.

Use the appropriate form MC 12, MC 13 or MC 52, Request and Writ for Garnishment, to start the garnishment process. A periodic writ of garnishment (form MC 12) is used to garnish the judgment debtor's wages, rent payments, land contract payments, or other debt that is paid to the judgment debtor on a periodic basis.

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Michigan Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion