Bill Text: MI SB1099 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Civil procedure; garnishment; garnishment for failure to pay fines or costs ordered under the home rule cities act; provide for. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 4027.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Engrossed - Dead) 2012-09-11 - Referred To Committee On Local, Intergovernmental, And Regional Affairs [SB1099 Detail]
Download: Michigan-2011-SB1099-Engrossed.html
SB-1099, As Passed Senate, August 15, 2012
SENATE BILL No. 1099
(As amended August 15, 2012)
April 26, 2012, Introduced by Senators JONES, SMITH, HUNE, JOHNSON, HUNTER, GREGORY, GLEASON and WHITMER and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by adding section 4027.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4027. (1) If after a hearing officer orders the payment
of a civil fine or costs under section 4q of the home rule city
act, 1909 PA 279, MCL 117.4q, the defendant does not appeal the
order within the time allowed under section 4q(17) of the home rule
city act, 1909 PA 279, MCL 117.4q, <<and if the city has not obtained
a lien under section 4r of the home rule city act, 1909 PA 279, MCL
117.4r, for the fine or costs,>> the city may file an action for
a writ of garnishment in the appropriate court. The initial papers
filed with the court shall include a properly authenticated copy of
the applicable order.
(2) A court in which an action is filed under this section
shall, immediately after the action is filed, issue a writ of
garnishment. A writ of garnishment issued under this section serves
in lieu of a summons and complaint in the action, and the time for
the defendant and an initial garnishee defendant to respond is the
same as for a response under statutes and court rules applicable to
other garnishments.
(3) An action under this section may name more than 1 initial
garnishee defendant. After the issuance of an initial writ of
garnishment in an action under this section, the city may, without
leave of court, obtain subsequent writs of garnishment against the
same or additional garnishee defendants.
(4) A defendant or garnishee defendant in an action under this
section may not raise in the action any issue that could have been
appealed under section 4q(17) of the home rule city act, 1909 PA
279, MCL 117.4q.
(5) A party or the court in an action under this section shall
not use garnishment forms adopted by the state court administrative
office for use in other garnishment proceedings.
(6) The fees under sections 2529(1)(a) and (h) and 8371 do not
apply to an action under this section.
(7) Except as provided in this section and in any rules
adopted by the supreme court to apply to actions under this
section, an action under this section shall proceed according to
the statutes and court rules applicable to other garnishment
actions.
