Structure
The Michigan MC 49 form plays a crucial role in the legal process surrounding garnishments. This form is specifically designed for individuals who wish to contest a writ of garnishment, which is a legal order that allows a creditor to collect money directly from a debtor's wages or bank account. The MC 49 form serves multiple purposes, including notifying the court of the objections raised by the debtor, providing a structured format for submitting those objections, and scheduling a hearing to discuss the matter further. It requires the debtor to provide essential information, such as their name and address, as well as the details of the creditor and the garnishee. The form also includes specific reasons for the objection, which may include exemptions from garnishment, pending bankruptcy proceedings, or claims that the judgment has already been satisfied. After completing the form, the debtor must file it with the court and serve copies to the relevant parties, ensuring that all involved are informed of the objections and the upcoming hearing. The MC 49 form not only facilitates the legal process but also empowers debtors to assert their rights in the face of garnishment actions.
Form Example
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Original - Court |
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1st copy - Plaintiff |
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Approved, SCAO |
2nd copy - Defendant |
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3rd copy - Garnishee |
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STATE OF MICHIGAN JUDICIAL DISTRICT JUDICIAL CIRCUIT
OBJECTIONS TO GARNISHMENT
AND NOTICE OF HEARING
CASE NO.
Court address |
Court telephone no. |
Plaintiff's name, address, and telephone no. (judgment creditor)
Defendant's name, address, and telephone no. (judgment debtor)
v
Plaintiff's attorney, bar no., address, and telephone no.
Garnishee's name and address
OBJECTIONS TO GARNISHMENT
I object to the writ of garnishment issued on |
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and request a hearing because |
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Date
a. the funds or property are exempt (protected) from garnishment by law.
b. of bankruptcy proceedings. Case No:
c. I have an installment payment order, issued on. Court:Case No:
d. the maximum amount permitted by law is already being withheld by another court order.
e. the judgment has been paid.
f. the writ was not properly issued or is otherwise invalid because
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I was served with a copy of a writ of garnishment on |
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Date |
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Date |
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Signature of defendant |
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To be completed by the court.
1. A hearing will be held on
Date
NOTICE OF HEARING ON OBJECTIONS
atat
TimeLocation
before Hon. |
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. |
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2. |
The defendant and plaintiff are required to appear. |
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3. |
The garnishee |
is |
is not required to appear. |
4.
a. Objections were filed within 14 days of the defendant being served with the writ of garnishment. The garnishee shall continue to withhold funds but shall not release withheld funds until further order of the court.
b. Objections were filed 14 days or more after the defendant was served with the writ of garnishment. The garnishee shall continue to withhold and release funds unless otherwise ordered by the court.
Date |
Deputy court clerk |
If you require special accommodations to use the court because of a disability or if you require a foreign language interpreter to help you fully participate in court proceedings, please contact the court immediately to make arrangements.
CERTIFICATE OF MAILING
I certify that on this date I served a copy of this objection and notice on the parties or their attorneys by
Date |
Defendant's signature/District court clerk |
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MC 49 (8/12) |
OBJECTIONS TO GARNISHMENT AND NOTICE OF HEARING |
15 USC 1672, 15 USC 1673, MCR 3.101(K)(3) |
Instructions for Filing and Serving an Objection to Garnishment (Form MC 49)
If you received a writ of garnishment (form MC 12, MC 13, or MC 52), you can object to that garnishment only if:
•your money is exempt (protected) from garnishment by law (see the list of exempt funds on the back of your writ of garnishment form),
•you filed for bankruptcy and those proceedings are pending or the debt has been discharged,
•you have an installment payment order signed by a judge (form MC 15a),
•the maximum amount of money that can be garnished by law is already being withheld by another court order,
•you already paid the judgment in full,
•the garnishment was not properly issued (for example, it was issued on false information) or the garnishment
is invalid (for example, the interest, costs, or judgment amount are inaccurate).
You cannot use this form to challenge the judgment or because you are unable to pay the judgment.
1.How do I file an Objection?
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.
2.Fill out the Objection form.
Write in the court number, case number, the court address and telephone number, and the names, addresses, and telephone numbers of the plaintiff and the defendant exactly as they are on the writ of garnishment.
Write in the date the garnishment was issued (see the lower
Write in the date you complete the form and sign your name.
3.Make four copies of the completed objection form.
4.File the Objection with the court.
File all four copies of your objection with the court in person or by
5.Serve the Objection.
If your case is in the district court, the court will serve the objection and will return one copy to you.
If your case is in the circuit court, when you get the three remaining copies of the objection with the Notice of Hearing completed, serve a copy on the plaintiff and a copy on the garnishee by
For information on preparing for a hearing generally, see the Michigan Court’s
Document Specs
| Fact Name | Details |
|---|---|
| Form Purpose | The Michigan MC 49 form is used to file objections to a writ of garnishment and to notify the court of a hearing regarding those objections. |
| Governing Laws | This form is governed by 15 USC 1672, 15 USC 1673, and MCR 3.101(K)(3). |
| Filing Deadline | Objections must be filed within 14 days of being served with the writ of garnishment. |
| Required Information | The form requires details such as court information, names and addresses of the plaintiff and defendant, and reasons for the objection. |
| Hearing Notification | A hearing will be scheduled, and both the defendant and plaintiff are required to appear. |
| Exemptions | Funds may be exempt from garnishment due to bankruptcy, installment payment orders, or other legal protections. |
| Service of Objection | The objection must be served to the plaintiff and garnishee, with a Certificate of Mailing completed. |
| Cost of Filing | There is no cost to file an objection using the MC 49 form. |
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