May 3, 2012, Introduced by Reps. Lane, Forlini, Stanley, Farrington, Goike, Dillon, Rutledge, Liss, Opsommer, Rendon, O'Brien, Roy Schmidt, Haugh, Smiley, Brunner, Hobbs, Townsend, Pettalia, McCann, Stallworth, Slavens, Meadows, Foster, Pscholka, Ouimet, Greimel, Oakes and Stapleton and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 4012 (MCL 600.4012), as amended by 1996 PA 10.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4012. (1) Except for garnishment of a tax refund under
section 4061a or garnishment of wages, salary, commissions, or
other earnings, and subject to subsection (2), a writ of
garnishment of periodic payments remains in effect for the period
prescribed by the Michigan court rules. A writ of garnishment of
wages, salary, commissions, or other earnings remains in effect for
(2) A garnishee is not liable for a writ of garnishment of
periodic payments under subsection (1) to the extent that the
garnishee is required to satisfy another writ of garnishment
against the same defendant having a higher priority or having the
same priority but received at an earlier date. For purposes of this
subsection, writs of garnishment have priority in the following
(a) A garnishment resulting from an obligation of court
ordered support as defined in section 2 of the support and
time enforcement act,
Act No. 295 of the Public Acts of 1982,
being section 552.602 of the Michigan Compiled Laws.1982 PA
295, MCL 552.602.
(b) A levy of the state or a governmental unit of the state to
satisfy a tax liability.
(c) Any other garnishments, in the order in which they are
(3) Except as otherwise provided by statute, a plaintiff shall
pay a fee of $6.00 at the time a writ to the garnishee of
garnishment of periodic payments is served upon the garnishee.
(4) As used in this section and section 8410a, "periodic
payments" means wages, salary, commissions, and other earnings,
land contract payments, rent, and other periodic debt or contract
payments that are or become payable during the effective period of
the writ of garnishment. Periodic payments do not mean any of the
(a) Payments by a financial institution of interest on a
(b) Charges made by a financial institution automatically
against an account which applies to a debt under an automatic
payment authorization executed by the account owner.
(c) Payments made by a financial institution to honor a check
or draft or to comply with an account holder's order of withdrawal
of funds from an account.
(d) Interest earned on a certificate of deposit that is paid
into a deposit account.