Garnishment

Garnishment

What is garnishment? Garnishment is a court procedure allowing you to collect your judgment directly from the defendant�s wages, bank account, or other source such as income tax refunds. If you want to file a garnishment, see the court clerk for the proper forms. Instructions are included with the forms.
 
How do I get a garnishment? To get a garnishment, you will first need to know where the defendant lives and works, what assets s/he has and where these assets are located, and any other information which identifies the defendant and his/her property.
 
If you have the information described above, you can start the process for a garnishment.
 
If you don�t have the information described above, you will need to order the defendant to appear in court for questioning through a process called discovery. You can start this process by filing a discovery subpoena.
 
Filing a request for garnishment You must wait 21 days after your small claims judgment was signed before you can get a garnishment. Form MC 12 or MC 13, Request and Writ of Garnishment, is used to start the garnishment process.
 
A periodic writ of garnishment (MC 12) is used to garnish the defendant�s wages, rent payments, land contract payments or other debt which is paid to the defendant on a periodic basis. A periodic garnishment is valid for up to 90 days or until the judgment, interest and costs are paid off, whichever occurs first.  SCAO form
 
A non-periodic writ of garnishment (MC 13) is used to garnish the defendant�s bank account or other property. Once money has been garnished under the non-periodic writ, the writ is no longer valid. If there is remaining balance on the judgment, you must get another writ to collect more money.  SCAO form
 
Writ for Garnishment of Income Tax Refund/Credit (MC52) is used to garnish State Income Tax.  SCAO form