Michigan Bank Account Garnishment: How to Use Form MC 13

A bank account garnishment is one of the fastest collection tools available after a Michigan small claims judgment. Unlike wage garnishment, which trickles in over months, a bank garnishment can capture nonexempt funds up to the balance claimed on the writ in a single action — provided you know where the debtor banks and there's money in the account when the writ arrives.

How It Works

The nonperiodic garnishment under SCAO Form MC 13 reaches funds held by a third party at a single point in time. When the bank receives and processes the writ, it freezes nonexempt funds in the debtor's account at that time, up to the balance claimed. Deposits made after the freeze are not captured. This is a snapshot, not an ongoing garnishment — once the bank processes the writ, it's exhausted.

Filing and Fees

1. Wait 21 days after judgment entry
2. Complete Form MC 13 (Request and Writ for Garnishment — Nonperiodic), including the sworn balance in Item 2 (principal + interest + costs − credits)
3. File with the district court clerk — $15 filing fee
4. The clerk signs and issues the writ

Serving the Bank

Serve the issued writ on the financial institution (the "garnishee") with:

• Two copies of Form MC 13
• Blank copies of Form MC 14 (Garnishee Disclosure)
• A $35 statutory disclosure fee paid directly to the bank

Service can be done through personal delivery or certified mail (return receipt requested) by a process server or court officer. You must serve the writ within 182 days of issuance.

What Happens After Service

The bank follows a specific sequence:

1. Immediate freeze: The bank places a hold on nonexempt funds up to the amount claimed in the writ
2. Within 14 days: The bank completes Form MC 14 (Garnishee Disclosure), reporting how much was in the account and how much was frozen
3. Federal benefit check: Under 31 CFR Part 212, the bank must review the prior two months for direct deposits of protected federal benefits (Social Security, SSI, VA, Railroad Retirement). Any amount from those sources during the lookback period is automatically exempt and cannot be frozen
4. 28-day hold: The bank holds frozen funds for 28 days to allow the debtor to file objections
5. Release: If no objections or court order intervenes, the bank sends the frozen funds to you

Protected Funds

The two-month lookback rule is automatic — the bank performs it without the debtor having to file anything. If the debtor's account contains $2,000 in direct Social Security deposits during the bank's two-month lookback period, that $2,000 stays accessible to the debtor no matter what your writ says.

Michigan law also exempts unemployment benefits, workers' compensation, and public assistance from garnishment. A debtor whose account holds only exempt funds effectively has a garnishment-proof bank account.

If the Account Is Empty

You'll get a disclosure from the bank showing a zero balance or an amount less than you claimed. This happens more often than creditors expect — debtors who know a garnishment is coming often empty their accounts. Your options: try again later with a new Form MC 13 (another $15 plus $35), or shift to wage garnishment or another enforcement tool.

Using Bank Garnishment Strategically

Timing matters. Bank balances peak right after payroll deposits. If the debtor exam revealed their pay schedule, serve the writ the day after payday for the best chance of capturing funds.

You can also run a bank garnishment simultaneously with a wage garnishment. An active installment payment order (Form MC 15) stays wage garnishment but does not automatically block bank garnishment unless the judge specifically orders it.

Each attempt is independent — there's no limit on how many times you can file Form MC 13, though you pay $50 in fees each time ($15 filing + $35 disclosure).

For step-by-step guidance on timing your bank garnishment and combining it with other enforcement tools, see the Michigan Judgment Collection Roadmap.

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