March 23, 2004, Introduced by Reps. Middaugh, LaSata, Howell, Lipsey, Shaffer, Bisbee and Woronchak and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 6215, 6231, and 6245 (MCL 600.6215,
600.6231, and 600.6245).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 6215. (1) On
the date set for At the hearing on a
2 motion under section 6205, the plaintiff may cross-examine the
3 moving party as to
the facts set forth on the allegations in
4 the motion, and the judge may then enter an order requiring the
5 defendant to pay to the clerk of the court or directly to the
6 plaintiff direct, a
certain sum a specified amount of money
7 weekly, biweekly, or monthly, to apply on the judgment.
8 (2) The order
shall stay An order under this section stays
9 the issuance of any a
writ of garnishment for work and labor,
10 for money in an account with a bank or other financial
1 institution, or for a state tax refund or credit during the
2 period that the defendant complies with the order. The order
3 shall does not stay garnishment if the defendant
fails to
4 comply with its terms.
5 Sec. 6231. (1)
The garnishment of any money Subject to
6 subsection (3), if a court has ordered or the parties have agreed
7 that a judgment is payable in installments, the following are not
8 subject to garnishment:
9 (a) Money due or to become due for the personal work and
10 labor of the defendant.
upon a judgment made payable in
11 installments either by
the court order or agreement of parties is
12 prohibited, excepting
upon the written order of the judge. Any
13 writ of garnishment
issued without the order is void. The order
14 may be made following
due notice to the defendant if installments
15 are due.
16 (b) Money in an account with a bank or other financial
17 institution.
18 (c) A state tax refund or installment.
19 (2) Subject to subsection (3), a writ of garnishment
20 specifically issued against money or a right to receive money
21 described in subsection (1) is void.
22 (3) If installments described in subsection (1) are overdue,
23 and following notice to the defendant, a judge may issue a
24 written order allowing the garnishment of money or a right to
25 receive money described in subsection (1).
26 Sec. 6245. Nothing
contained in this chapter shall be
27 construed to prohibit
and shall This chapter does
not prohibit a
1 plaintiff from taking any
legal means for the collection of to
2 collect a judgment,
excepting the except for a garnishment of
3 money due or to become due the defendant for the defendant's
4 personal work and labor,
of the said defendant for money held
5 in an account with a bank or other financial institution, or for
6 a state tax refund or credit.