How to Garnish Wages in Michigan Small Claims Court

Wage garnishment is usually the most effective collection tool after winning a Michigan small claims judgment. If the debtor has a job, the employer withholds a portion of each paycheck and sends it directly to you. The mechanism runs automatically for 182 days once everything is filed correctly. Here is the full process.

Before You File

You need two things: a judgment that's at least 21 days old, and the debtor's employer name. If you don't know where they work, start with a debtor examination (Form MC 11) to get that information under oath.

Make sure no active installment payment order (Form MC 15) is in place — an existing order stays wage garnishment as long as the debtor is making payments.

Filing Form MC 12

Form MC 12 is the Request and Writ for Garnishment (Periodic). Complete these sections:

• Court information: The district court where your judgment was entered
• Parties: Your name as plaintiff/judgment creditor, the debtor's name as defendant/judgment debtor
• Item 2 — Sworn balance: This is critical. Enter the total unsatisfied balance including the original judgment, accrued post-judgment interest under MCL 600.6013, all prior recoverable court costs, and credits for any payments received. Sign under oath. An inaccurate balance can invalidate the writ.
• Garnishee: The debtor's employer (full legal name and address)

File Form MC 12 with the district court clerk and pay the $15 filing fee. The clerk signs and issues the writ.

Serving the Employer

Once the writ is issued, serve it on the employer (the "garnishee") along with:

• Two copies of the issued Form MC 12
• Blank copies of Form MC 14 (Garnishee Disclosure)
• A $35 statutory disclosure fee paid directly to the employer (or $6 if the State of Michigan is the employer)

Service can be done by a process server or court officer through personal service or certified mail with return receipt. The writ must be served within 182 days of issuance or it expires and you have to start over.

What the Employer Must Do

The employer has strict deadlines after receiving the writ:

1. Within 7 days: Serve a copy of the writ on the debtor
2. Within 14 days: Complete Form MC 14 (Garnishee Disclosure), which reports the debtor's earnings and whether they have any other garnishments, and send copies to the court, you, and the debtor
3. Begin withholding immediately based on the disposable earnings calculation
4. Hold funds for 28 days after serving the disclosure — this gives the debtor time to file objections (Form MC 49)
5. After 28 days: Release withheld funds to you unless a court order says otherwise

How Much Gets Withheld

Federal and Michigan law cap wage garnishment at the lesser of:

• 25% of disposable earnings for the pay period, or
• The amount by which disposable earnings exceed 30 times the federal minimum wage ($7.25/hour)

For a biweekly pay period, that threshold is $435. If the debtor's disposable pay is $1,200 biweekly, the maximum garnishment is $300 (25% of $1,200). If their disposable pay is $500, the maximum is $65 ($500 minus $435).

Disposable earnings means gross pay minus legally required deductions: federal and state income tax, FICA, and Medicare. Voluntary deductions like 401(k) contributions or health insurance premiums are not subtracted.

The 182-Day Window

A periodic garnishment writ remains active for 182 days from the date of issuance. It attaches to every pay period that ends within that window. When it expires, you can file a new Form MC 12 for another 182-day cycle — pay another $15 filing fee and $35 disclosure fee — and keep going until the judgment is satisfied.

When the Debtor Objects

The debtor can file Form MC 49 (Objections to Garnishment) claiming exemptions, errors in the balance, or other defenses. The court schedules a hearing within 14 to 21 days, and the employer holds funds without releasing them until the court decides.

For a full walkthrough of the garnishment process, including how to calculate the sworn balance and track employer compliance deadlines, see the Michigan Judgment Collection Roadmap.

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