HB-5680, As Passed House, June 30, 2004

SUBSTITUTE FOR

HOUSE BILL NO. 5680

                                                                             A bill to amend 1961 PA 236, entitled                                             

"Revised judicature act of 1961,"                                           

by amending sections 6215, 6231, and 6245 (MCL 600.6215,                    

600.6231, and 600.6245).                                                    

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 6215.  (1)  On the date set for At the hearing on a                   

2   motion under section 6205, the plaintiff may cross-examine the              

3   moving party  as to the facts set forth on the allegations in              

4   the motion, and the judge may then enter an order requiring the             

5   defendant to pay to the clerk of the court or directly to the               

6   plaintiff  direct, a certain sum a specified amount of money               

7   weekly, biweekly, or monthly, to apply on the judgment.                     

8       (2)  The order shall stay An order under this section stays

9   the issuance of  any a writ of garnishment for work and labor or           

10  for money from work and labor in an account with a bank or other            

1   financial institution during the period that the defendant                  

2   complies with the order.  The order  shall does not stay                   

3   garnishment if the defendant fails to comply with its terms.                

4       Sec. 6231.  (1)  The garnishment of any money Subject to                   

5   subsection (3), if a court has ordered that a judgment is payable           

6   in installments or if a signed, written agreement is filed with the         

7   clerk of the court under section 6225, the following are not                

8   subject to garnishment:                                                     

9       (a) Money due or to become due for the personal work and                    

10  labor of the defendant.  upon a judgment made payable in                    

11  installments either by the court order or agreement of parties is           

12  prohibited, excepting upon the written order of the judge.  Any             

13  writ of garnishment issued without the order is void.  The order            

14  may be made following due notice to the defendant if installments           

15  are due.

16  (b) Money from the personal work and labor of the defendant                 

17  in an account with a bank or other financial institution.                   

18      (2) Subject to subsection (3), a writ of garnishment                        

19  specifically issued against money or a right to receive money               

20  described in subsection (1) is void, except as to money due under           

21  a garnishment that was filed and served before the filing of the            

22  petition for installment payments.                                          

23      (3) If installments described in subsection (1) are overdue,                

24  and following notice to the defendant, a judge may issue a                  

25  written order allowing the garnishment of money or a right to               

26  receive money described in subsection (1).

27      Sec. 6245.   Nothing contained in this chapter shall be                     

1   construed to prohibit and shall This chapter does not prohibit a           

2   plaintiff from taking any legal means  for the collection of to            

3   collect a judgment,  excepting the except for a garnishment of             

4   money due or to become due the defendant for the defendant's

5   personal work and labor  of the said defendant or for money from           

6   the defendant's personal work and labor held in an account with a           

7   bank or other financial institution.