Michigan Compiled Laws
236-1961-84 - Chapter 84 Small Claims Division (600.8401...600.8427)
Section 600.8409 - Attachment or Garnishment Prohibited; Execution; Judgment, Enforcement; Instruction Sheets.

Sec. 8409.
(1) Attachment or garnishment shall not issue from the small claims division prior to judgment but execution may issue in the manner prescribed by law and the judgment may be enforced in any other manner provided by law and not prohibited under the provisions of this chapter.
(2) The state court administrator shall prepare instruction sheets clearly explaining in plain English how, and under what circumstances, a plaintiff in whose favor a judgment has been entered may request the court to issue execution, attachment, or garnishment to enforce payment of the judgment. A copy of the instruction sheet shall be offered to the plaintiff at the same time as a copy of the judgment is given to the plaintiff under section 8410. Additional copies of the instruction sheets, and forms for writs of garnishment, shall be made available at the office of each clerk and deputy clerk of the district court.
History: Add. 1968, Act 154, Imd. Eff. June 17, 1968 ;-- Am. 1991, Act 192, Eff. July 1, 1992

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 600 - Revised Judicature Act of 1961

Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948)

236-1961-84 - Chapter 84 Small Claims Division (600.8401...600.8427)

Section 600.8401 - Small Claims Division; Creation; Judge; Jurisdiction.

Section 600.8401a - Instruction Sheets.

Section 600.8402 - Commencement of Action; Filing, Form, and Contents of Affidavit; Notice; Name of Plaintiff; Removal; Waiver.

Section 600.8403 - Affidavit Forms; Availability; Preparation.

Section 600.8404 - Service of Affidavit and Notice on Defendant; Form and Contents of Notice; Evening and Saturday Court Hours.

Section 600.8405 - Service; Manner; Proof.

Section 600.8406 - Appearances; Copy of Affidavit and Notice of Hearing; Application for New Notice; Jurisdiction to Render Judgment; Continuance.

Section 600.8407 - Filing of Claim in Small Claims Division; Restrictions.

Section 600.8408 - Parties; Representation; Request for Trial Before District Court Judge; Removal; Waiver.

Section 600.8409 - Attachment or Garnishment Prohibited; Execution; Judgment, Enforcement; Instruction Sheets.

Section 600.8410 - Settlement; Payment of Judgment; Execution, Attachment, or Garnishment; Warning; Examination of Assets; Payment of Judgment in Full; Copy of Judgment.

Section 600.8410a - Writ of Garnishment as to Periodic Payments Issued by Small Claims Division of District Court; Duration.

Section 600.8411 - Removal; Waiver; Hearings; Manner of Conducting; No Jury or Verbatim Record.

Section 600.8412 - Waiver of Rights.

Section 600.8413 - Judgments; Conclusiveness; Form.

Section 600.8415 - Venue of Actions.

Section 600.8416 - Location of Small Claims Division; Filing of Claims After Regular Court Hours; Scheduling of Small Claims Hearings; Hearings After Regular Court Hours.

Section 600.8418 - Judgments; Certification.

Section 600.8419 - Forms and Stationery.

Section 600.8420 - Fees; Disposition.

Section 600.8421 - Costs to Prevailing Party.

Section 600.8422 - Counterclaim; Continuance.

Section 600.8423 - Separate Action by Defendant; Transmittal Fee; Transfer of Cause.

Section 600.8424 - Actions for Fraud, Libel, Slander, Assault, Battery, or Other Intentional Torts; Governmental Agency as Party.

Section 600.8425 - Limitation on Claim or Recovery; Amendment Increasing Amount Claimed.

Section 600.8426 - Name in Which Defendant Sued; Validity of Judgment.

Section 600.8427 - Conduct of Small Claims Hearing by District Court Judge or Magistrate; Appeal.