Michigan Garnishee Employer Obligations: What Happens After You Serve the Writ

What the Employer Must Do After Receiving Your Writ

You've served a periodic garnishment writ (Form MC 12) on the debtor's employer. Now what? Michigan law puts specific obligations on the garnishee — the employer — and gives you recourse if they don't follow through.

Understanding these obligations helps you know when things are on track and when something has gone wrong.

The 14-Day Disclosure Requirement

Within 14 calendar days after service of the writ, the employer must complete and file Form MC 14 — the Garnishee Disclosure. This is not optional.

The MC 14 disclosure tells you and the court:

• Whether the debtor is currently employed there
• The debtor's pay frequency (weekly, biweekly, semimonthly, monthly)
• Gross and disposable earnings per pay period
• The calculated withholding amount per pay period
• Whether any other garnishments or support orders already apply

The employer sends copies of the completed MC 14 to the court, to you (the creditor), and to the debtor. If you don't receive anything within about three weeks of service, something's wrong.

Withholding Limits

The employer cannot just take the full amount of your judgment from one paycheck. Michigan follows the federal Consumer Credit Protection Act limits under 15 U.S.C. 1673. The maximum the employer can withhold per pay period is the lesser of:

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

In practice, that means:

Disposable earnings are what's left after mandatory deductions — federal and state income tax, FICA, Medicare, and local taxes. Voluntary deductions like 401(k) contributions or health insurance don't reduce the garnishable base.

The 28-Day Hold Before You Get Paid

The employer must hold withheld funds for 28 calendar days after service of the writ on the employer, then remit them unless notified that objections have been filed. The debtor may file Form MC 49 within 14 days after service of the writ on the debtor.

After 28 days from service of the writ, the employer remits withheld funds unless notified that an objection was filed. Later periodic payments are remitted as they become due while the writ remains effective.

Notifying the Debtor

The employer has a separate obligation to serve a copy of the writ on the debtor within 7 calendar days of receiving the garnishment documents. This ensures the debtor knows about the withholding and can exercise their right to object if they believe exempt income is being garnished.

When the Employer Doesn't Comply

If the employer ignores your writ — doesn't file the MC 14 disclosure, doesn't withhold, or doesn't remit the funds — MCR 3.101 and MCL 600.4012 provide a process for seeking relief.

For a periodic wage garnishment, first serve the employer with a notice of failure identifying the missed disclosure or other required act. If the employer does not cure within 28 days after that notice is served, you may request entry of default; after default, you may request a judgment up to the unpaid judgment, interest, and costs. In practice, most employers comply once they realize the consequences of ignoring the writ, so a follow-up letter referencing the missed deadline often resolves it before you need to involve the court.

If the employer fires the debtor specifically to avoid the garnishment, that's a separate issue. Federal law under 15 U.S.C. 1674 prohibits employers from discharging an employee because of a garnishment for a single indebtedness.

Multiple Garnishments on One Employee

If the debtor already has a child support withholding order or another creditor's garnishment in place, separate priority and withholding rules apply. For periodic garnishments, MCL 600.4012 generally gives priority in the order garnishments were received, while support income-withholding orders and state tax levies take priority regardless of when they were received. The CCPA formula above covers ordinary civil judgment garnishments; it is not a combined cap for every type of withholding.

The employer's MC 14 disclosure should note any existing garnishments or support orders so you can assess what's actually available.

Keeping Track of What's Owed

Each pay-period withholding chips away at the judgment balance, but you also need to account for accruing post-judgment interest and the enforcement costs you've advanced (filing fees, service fees, disclosure fees). The Michigan Judgment Collection Guide includes a collection balance ledger that tracks incoming garnishment payments alongside costs and interest — so you always know exactly how much remains.

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