Wage garnishment is one of the tools covered in How Michigan Small Claims Court Works, the orienting guide for the whole small claims process in the state. This article picks up after the judgment: it explains how a creditor who has already won uses a periodic garnishment to reach the debtor’s earnings, what the writ costs, how much of each paycheck the law allows, and the deadlines that keep the garnishment valid.
What wage garnishment is in Michigan
A garnishment is a court order that reaches money a third party owes the debtor. In a wage garnishment, that third party is the employer, and the money is the debtor’s earnings. The creditor who won the case is the plaintiff; the employer that holds the wages is the garnishee.
Michigan treats wages as “periodic payments,” because they come due on a regular schedule. Under MCL 600.4012, periodic payments include wages, salary, and commissions, along with rent, land contract payments, and similar recurring obligations. The garnishment a creditor uses to capture them is called a garnishment of periodic payments, and it is the standard mechanism for collecting a judgment out of someone’s paycheck.
A wage garnishment is different from a garnishment of a bank account, which captures a balance that exists on one day. A periodic garnishment stays attached and pulls from each pay cycle until the debt is paid. That continuing quality is set by statute: a garnishment of periodic payments remains in effect until the balance of the judgment is satisfied.
Winning the case is a separate step from collecting on it. A judgment is the court’s decision that the defendant owes the money; it does not move any money on its own. Garnishment is one of several enforcement methods a judgment creditor can use, and it sits alongside the other tools described in collecting a Michigan small claims judgment.
Before you garnish: the judgment and the debtor’s employer
Two conditions have to be met before a wage garnishment can issue. First, there must be a judgment. Second, the 21-day period for the debtor to pay or appeal has to have run.
That 21-day waiting period and the rest of the garnishment sequence are set by Michigan Court Rule 3.101. The debtor in a small claims case keeps the right to ask for a new trial or to move the case up to the district court, and the right to appeal a Michigan small claims judgment follows the same general timing. A pending appeal or an installment payment order can suspend the garnishment, so the status of the judgment matters before the writ goes out. The creditor also needs the employer’s correct legal name and address. The writ is served on the employer, not the debtor, so a garnishment aimed at the wrong entity or a stale address fails. When the employer is a registered business, its legal name and resident agent are listed with the Michigan Department of Licensing and Regulatory Affairs. The judgment interest and costs continue to accrue, so the amount the writ collects is the unpaid principal plus statutory interest and allowable costs as of the date the writ issues. ## How to file form MC 12 and serve the writ The form that starts a wage garnishment is the request and writ for garnishment (periodic), SCAO form MC 12. The creditor completes the request, the court clerk issues the writ, and the creditor then serves it on the employer.
Request and Writ for Garnishment (Periodic) (MC 12)
From Michigan Courts (SCAO)
URL verified June 2026 · 200 KB
Complete the request side of form MC 12
Fill in the court that entered the judgment, the case number, the names of the plaintiff (you) and the defendant, and the employer to be served as garnishee. State the unpaid balance: the judgment amount, accrued interest, and costs, less any payments already received.
File the request and pay the filing fee
File the completed form with the clerk of the court that entered the judgment. As of 2026, the garnishment filing fee in district court is $15. The clerk reviews the request and issues the writ.
Serve the writ on the employer and pay the garnishee fee
Serve the issued writ on the employer under the Michigan Court Rules. At the time of service, the creditor pays the employer a $35 garnishee fee, set by
MCL 600.4012. Service that does not follow the court rules makes the garnishment unenforceable.Send the debtor a copy
The debtor is entitled to a copy of the writ and to notice of the garnishment so they can object. The garnishment rules in Michigan Court Rule 3.101 set out who must receive copies and when.
MCL 600.4012, a garnishment of periodic payments remains in effect until the balance of the judgment is satisfied. The writ keeps pulling from each pay period until the judgment, interest, and costs are paid in full.
The statute also imposes duties on the creditor while the garnishment runs. At least once every six months after receiving the first payment, the creditor must give the employer and the debtor a statement showing the remaining balance, including interest and costs. Within 21 days after the judgment is paid in full, the creditor must give the employer and debtor a release of garnishment.
Priority matters when more than one garnishment targets the same paycheck. Garnishments generally rank in the order the employer receives them, so an earlier-served writ is paid before a later one. Two obligations jump ahead regardless of timing: an income withholding order for support, and a state tax levy, both take priority over an ordinary garnishment.
## When an employer or debtor objects
A debtor who believes a garnishment is improper can file an objection with the court, typically within 14 days after receiving the writ, under Michigan Court Rule 3.101. Common grounds include that the funds are exempt, that the judgment has already been paid, that the 21-day waiting period had not run, or that the writ was not properly served. The court schedules a hearing on a timely objection.
The employer can raise its own issues through the garnishee disclosure. If the employer does not employ the debtor, no longer does, or already withholds under a higher-priority order, it states that in the disclosure rather than withholding. A garnishee that complies in good faith is protected; one that withholds wrongly or fails to withhold when it should can face the consequences described above.
A garnishment that captures more than the law allows, or that reaches exempt income, can be corrected. The debtor raises the exemption, and the court orders the employer to release or adjust the withholding. The 25%-or-30x federal ceiling and the support and benefit exemptions exist precisely so that collection does not leave a worker without enough to live on.
Frequently asked questions
How much does it cost to garnish wages in Michigan?
As of 2026, the district court filing fee for a writ of garnishment is $15, and the creditor must also pay the employer a $35 garnishee fee at the time the writ is served, under MCL 600.4012. Service costs are additional. These amounts are recoverable as costs added to the judgment balance.
How long does a Michigan wage garnishment last?
A garnishment of periodic payments stays in effect until the judgment balance, including interest and costs, is paid in full, under MCL 600.4012. Unlike a non-periodic garnishment, a wage garnishment does not expire on a fixed date; it continues across pay periods until the debt is satisfied or the court ends it.
Can a creditor garnish wages right after winning a small claims case?
No. A writ of garnishment cannot issue until 21 days after the judgment is signed, under Michigan Court Rule 3.101. That period lets the debtor pay the judgment, ask for a new trial, or appeal. A garnishment served before the 21 days run is invalid.
What income is exempt from wage garnishment in Michigan?
Federal law limits an ordinary wage garnishment to 25% of disposable earnings or the amount above 30 times the federal minimum wage, whichever is less, under 15 U.S.C. § 1673. Social Security, SSI, unemployment, and most public assistance are generally exempt from a creditor garnishment, and earnings already withheld for child or spousal support are not available to an ordinary creditor.
What happens if the debtor changes jobs?
A writ is served on a specific employer, so it reaches only the wages that employer pays. If the debtor leaves that job, the employer’s disclosure states that it no longer employs the debtor, and the garnishment stops collecting there. A creditor who learns of a new employer files and serves a new writ naming that employer.
Can a debtor be fired for a single wage garnishment?
Federal law protects an employee from being discharged because earnings are garnished for any one debt, under 15 U.S.C. § 1674. That protection covers a single garnishment; it does not extend to a second or subsequent garnishment from different debts.