Michigan Debtor Examination: How to Use Form MC 11 After Small Claims

You won your Michigan small claims judgment but don't know where the debtor banks, who they work for, or what they own. Without that information, you can't file the right garnishment writ. The debtor examination — filed through SCAO Form MC 11 — is the court's mechanism for forcing the debtor to sit down, take an oath, and answer your questions about their finances.

How the Debtor Exam Works

Form MC 11 is officially titled "Subpoena (Order to Appear and/or Produce)." For judgment creditor purposes, it functions as a court-ordered discovery tool. You're not suing again — you're using post-judgment discovery rights under MCL 600.6110 and MCR 2.621 to identify collectible assets.

Filing Requirements

1. Wait at least 21 days after judgment entry
2. Complete Form MC 11, including the Affidavit for Judgment Debtor Examination on page 2 — you swear under oath that the judgment remains unpaid
3. File with the district court clerk and pay the $15 filing fee
4. A district court judge must sign the subpoena — this is not something the clerk can issue on their own

Requiring Documents

Item 3 on Form MC 11 lets you compel the debtor to bring financial records to the hearing. Specify exactly what you want: recent bank statements (at least three months), pay stubs covering the last 60 days, the most recent income tax return, vehicle titles, and real estate deeds. The more specific your request, the more useful the hearing.

Serving the Debtor

The signed Form MC 11 must be personally served on the debtor by a court officer, sheriff, deputy, or authorized process server. You cannot serve it by mail for a debtor examination — personal service is mandatory. Expect to pay $38 for the process server's service fee plus mileage at $1.0875 per mile. You must also tender the statutory witness fee at the time of service: $12 for a full-day appearance or $6 for a half day.

All of these costs — filing fee, service fee, witness fee, mileage — get added to the debtor's balance.

What to Ask at the Hearing

The debtor appears at the courthouse and testifies under oath. The judge or their designee oversees the proceedings. Productive questions focus on concrete, collectible information:

• Where do you work, and what is your gross and net pay per period?
• Which banks or credit unions hold your checking and savings accounts?
• Do you own a vehicle, and is it financed or owned outright?
• Do you own or have an interest in any real estate?
• Do you receive any government benefits (Social Security, SSI, VA)?
• Have you transferred any property or assets in the last 12 months?
• Are there other judgments or liens against you?

Take detailed notes. The answers will determine whether you file a wage garnishment (MC 12), bank garnishment (MC 13), property seizure (MC 19), or judgment lien (MC 94).

If the Debtor Doesn't Show Up

A debtor who is properly served and tendered the witness fee but fails to appear faces real consequences. The court can issue an Order to Show Cause requiring them to explain why they should not be held in contempt. If they still don't appear, the judge can enter a Judgment of Contempt and authorize a bench warrant for arrest under MCL 600.1701.

This is a powerful motivator. Many debtors who ignored the original judgment will take a debtor exam seriously once a bench warrant is on the table.

Repeating the Process

There's no statutory limit on how many debtor examinations you can request. If the debtor's financial situation changes — they get a new job, open a new bank account, or acquire property — you can file another Form MC 11 and bring them back in. Each filing costs another $15 plus service fees.

For a complete walkthrough of the debtor examination process and how to turn the answers into enforceable garnishment writs, see the Michigan Judgment Collection Roadmap.

See more Michigan guides →