Fill and Sign the Michigan Small Claims Form

Original – Court 1 st comp – Plaintiff Approved, SCAO 2 nd copy - Defendant STATE OF MICHIGAN CASE NO. JUDICIAL DISTRICT JUDGEMENT Small Claims Court Address Court telephone no. Plaintiff’s name and address  JUDGEMENT For: v  Personal Service Against: Defendant’s name and address  After trial  Consent*  Non appearance default  DISMISSAL  Personal Service  Without prejudice  With prejudice Damages $ Interest $ Costs $ Other (specify) $ $ Judgement $ 0.00 This judgement will earn interest at current statutory rate  A note or other written evidence of indebtedness has been filed with the clerk for cancellation. IT IS ORDERED this judgement is granted and:  1. The defendant must pay the judgement to In installments of Name (type or print) $  weekly  bi-weekly  monthly starting Date until paid in full. No further proceedings to collect the judgement will issue as long as defendant(s) comply with this order.  2. If this judgement is not paid within 21 days from the date of this judgement, or if any installment payment plan is not approved by the court within this time, you must pay the judgement in full or disclose to the court and plaintiff, in writing (form DC87), your place of employment and the location of your accounts in all banks, savings and loan associations, or credit unions.  3. Other: Date Judge/Attorney magistrate Bar no.  An attorney magistrate’s judgement is final unless appealed within 7 days. NOTICE: If this judgement is not paid as ordered or within 21 days, you may be ordered into court for questioning regarding your assets, your property may be seized, or garnished may issue after 21 days. When judgement is paid in full, plaintiff should file a signed satisfaction of judgement with the clerk, or defendant may file a motion for entry of an order for entry of an order of satisfaction. CERTIFICATE OF MAILING I certify that on this date a copy of this judgement was served on the parties indicated above by ordinary mail. Date Deputy clerk *Approved: Date Defendant signature Date Plaintiff signature DC 85 (6/98) JUDGMENT, Small Claims MCL 600.8401 et seq.; MSA 27A.8401 et seq., MCR 2.6200, MCR 4.305 HOW TO COLLECT YOUR MONEY 1. You can collect the amount stated on the front of this form plus any interest that accumulates during the time the other party pays off the judgment. Ask the court clerk for information on figuring out the interest. 2. If the defendant was not present at the trial, the court will send a copy of this form to the defendant. The judgment will order the defendant to either pay you in full within 21 days or tell you where he or she works and the location of his or her bank accounts. 3. If the defendant doesn't pay you in full within 21 days or misses installment payments as ordered, you will have to collect your money through an "execution against property" or a "garnishment". You must wait 21 days after the date of this judgment or after the first installment payment was due before you can try to collect your judgment through execution against property or garnishment. To get money this way, you must know where the defendant lives and works, what sources of income or property he or she has and where they are located, and any other identifying information. If you don't have this information, you will need to ask the court to order the defendant to appear in court so you can question them about this information. Once you have enough information, you can do either of the following: • "Execution against property" means you ask the court to take property belonging to the defendant and to sell it so you can have the money. If you know the defendant has property which can be easily seized and sold, you may want to file an execution against property. Any property that is seized must be owned by the defendant. If there is a lien on the property, you cannot have it seized. If you want to try to collect your judgment this way, you must do the following: 1. Ask the court clerk for a copy of Form MC 19, Execution Against Property. Complete the Request and Verification parts of the form, sign it, and file it with the court. It will cost $15.00 to file this form with the court. 2. The court clerk will complete the form, will return your copy, and will make arrangements to have the sheriff or court officer seize and sell the property. 3. Once the property is seized and sold, the sheriff or court officer will deduct the fees he or she is entitled to and will give you the balance. To get your new judgment balance, deduct this amount from your judgment and add any interest you are entitled to. 4. If there is a balance on your judgment, you can look for other property or try garnishing the defendant's wages or bank account. • "Garnishment" means you ask the court to order a bank, employer, or other source to deduct amounts directly from the defendant's account, wages, or other source of income and to send it to you. If you want to try to collect your judgment this way, you must do the following: 1. Ask the court clerk for a copy of the form. Use Form MC 12, Request and Writ for Garnishment if you want to garnish the defendant's wages and use Form MC 13 if you want to garnish the defendant's bank account. Complete the Request part of the form, sign it, and file it with the court. It will cost $15.00 to file this form with the court. 2. The court clerk will complete the form and will return your copy. You must hire a process server to serve (give) a copy of this on the defendant and the garnishee. The form will instruct you what to serve. You can pay the court clerk to hire someone to serve the form for you. 3. If you garnish wages, the writ (order) is valid for up to 91 days. If you garnish a bank account, the writ is valid only for that one deduction. Everytime you receive a payment, deduct the amount from your judgment and add any interest you are entitled to. 4. If there is a balance on the judgment after the writ is no longer valid, you can file for garnishment again until the judgment is paid off. For more details, see the instructions on the forms.