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SCao Garnishment Form MC-13 Request and Writ

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GARNISHEE CALCULATION SHEET FOR EARNINGS

You do not need to use this calculation sheet. If you do, it does not need to be filed with the court or provided to the defendant and plaintiff. However, you must maintain some type of record of your payment calculations and make it available for review by the plaintiff, defendant, or court upon request.

GARNISHEE CALCULATION SHEET FOR EARNINGS

1. The employer's current payday is . The principal defendant's gross earnings from the employer that were earned for this pay period are: $

2. Deductions required by law to be withheld from gross earnings shown on line 1:

a. Federal withholding tax (for income tax) $

b. State withholding tax (for income tax) $

c. Employee portion of social security tax $

d. Employee portion of medicare tax $

e. City withholding tax (for income tax) $

f. Public employee retirement when required by law $

g. Total (add lines 2a through 2f) $

3. Disposable earnings (subtract line 2g from line 1) $

4. Test I for amount available for garnishment (25% of line 3):
(this percentage does not apply to garnishments for support of a person) $

5. Test II for amount available for garnishment (disposable earnings minus federal minimum wage multiplied by appropriate multiple for normal pay period):

a. Locate the appropriate figure from the chart below and insert here $

b. Subtract amount on line 5a from amount on line 3. Insert amount here $

6. Maximum amount subject to garnishment (line 4 or 5b, whichever is less) $

7. Amounts withheld from disposable earnings (see line 3) pursuant to orders with priority:

a. Orders of bankruptcy court $

b. Orders for past due federal or state taxes $

c. Income withholding for support of any person $

d. Other general garnishments served prior to this writ $

e. Total of all priority amounts withheld (add lines 7a through 7d) $

8. Amount subject to garnishment under this writ (subtract line 7e from line 6) $

9. Amount to be withheld in response to this writ (line 8 above or line 2 on the request and writ for garnishment, whichever is less) $

Chart *

Test II for Amount Available for Garnishment Beginning September 1, 1997

Weekly (or more frequently) pay period $154.50

Biweekly pay period $309.00

Semimonthly pay period $334.75

Monthly pay period $669.50

*Training wage: for person aged 16 to 19 on their first job, use 85% of the above figures.

REV. (10/06)

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What the SCao Garnishment Form MC-13 Request and Writ Is

The SCao Garnishment Form MC-13 Request and Writ is a court document used to begin garnishment proceedings after a money judgment. It formally asks the court to issue a writ directing a garnishee — typically an employer or financial institution — to withhold funds or property to satisfy a judgment. The form identifies the judgment creditor, the judgment debtor, the garnishee, the judgment amount, and required service instructions. Filing and service must follow local court rules to create enforceable authority to levy wages or bank accounts.

Why the Form Matters for Judgments and Collections

The MC-13 Request and Writ creates a court-ordered mechanism to collect unpaid judgments, clarifies creditor and garnishee obligations, and documents the authority used by sheriffs or process servers to seize nonexempt assets.

Why the Form Matters for Judgments and Collections

Who Typically Prepares and Uses This Form

Proper completion and correct routing ensure enforceability and reduce chances of delay or dismissal.

  • Judgment creditors and collection departments seeking court-ordered attachment of wages or accounts.
  • Attorneys and paralegals who prepare, review, and file garnishment writs for clients.
  • Court clerks, sheriffs, and process servers who execute or docket the writ per local rules.

Typical Roles Involved

Judgment Creditor

A business or individual entitled to collect on a court judgment who must supply accurate judgment details, address, and supporting court paperwork when requesting the writ.

Enforcement Official

Sheriff or process server responsible for serving the writ on the garnishee and returning proof of service to the issuing court per local procedure.

Key Data Elements Required on the Form

Case Number: Court case identifier
Judgment Amount: Principal and post-judgment totals
Plaintiff Details: Name and contact information
Defendant Details: Name and last known address
Garnishee Info: Employer or bank name
Service Instructions: How and where to serve

Consequences of Errors or Noncompliance

Dismissal Risk: Improperly completed forms can cause dismissal
Returned Writ: Incorrect service leads to return unexecuted
Liability Exposure: Wrongful garnishment exposes creditor to damages
Exempt Funds Seized: Seizing exempt funds can trigger penalties
Delay in Collection: Errors lengthen time to recover judgment
Additional Costs: Refiling and attorney fees increase costs

Common Pitfalls When Preparing MC-13

  • Using an outdated court form version or omitting required attachments can cause the clerk to reject filing and require resubmission.
  • Listing an incorrect garnishee name or account number often results in failed service or inability to freeze funds.
  • Neglecting to check applicable exemptions may produce wrongful garnishment claims or court-ordered release of seized funds.
  • Failing to follow service timing and proof requirements prevents the writ from being enforceable and may invalidate collection efforts.

Step-by-Step: Completing and Filing the MC-13 Request and Writ

Follow a structured sequence to complete, file, serve, and enforce the writ while preserving each proof and return required by the court.

  • 01
    Prepare Form: Enter case and party data accurately
  • 02
    Attach Judgment: Include certified judgment or docket entry
  • 03
    File with Court: Submit original to clerk per local rules
  • 04
    Serve Garnishee: Arrange service by sheriff or process server

How to Configure an Online Filing Workflow

When preparing the form for e‑filing or e‑signature, set basic fields and authentication to match court and state rules.

Field Configuration
Authentication Email plus SMS code for signer verification
Document Format PDF/A to preserve layout and metadata
Notarization Enable RON only if state permits
Audit Trail Record timestamp, IP, and signer actions

Where to File, Send, and Serve the MC-13 Writ

Routing depends on local rules: typically file the original with the issuing court, then arrange service on the garnishee via the sheriff or authorized process server.

  • File Original: Submit to county civil clerk or court registry
  • Obtain Writ: Clerk issues signed writ for service
  • Serve Garnishee: Sheriff or process server serves the garnishee
  • Return Proof: File proof of service and sheriff's return with court

Digital Signing and Distribution Considerations

Ensure the chosen workflow creates a reproducible record of intent, signer attribution, and retention to satisfy ESIGN (15 U.S.C. §7001) and applicable state rules.

  • File Formats: PDF and DOCX supported
  • Integrations: Works with Salesforce and Google Workspace
  • Authentication: Email, SMS, or advanced options

Key Timing and Processing Expectations

Timelines vary by jurisdiction; plan filing, service, and potential response windows so enforcement proceeds without avoidable delays.

Filing Timeframe:

File promptly after judgment to avoid statute of limitations issues

Service Window:

Garnishee typically must be served per local civil procedure timelines

Garnishee Response:

Garnishee may have 10–30 days to answer depending on state rule

Funds Hold Period:

Banks may hold accounts for a statutory period before release

Appeal or Objection:

Debtor may file objections within state-prescribed deadlines

Practical Tips for Accurate and Efficient Completion

Follow these practices to reduce rework, shorten collection time, and limit exposure to procedural challenges.

Verify Party Identities
Cross-check plaintiff, defendant, and garnishee names against court docket and government-issued ID records to avoid serving or levying the wrong person or account.
Attach Certified Judgment
Include a certified copy or Court Clerk endorsement of the judgment to prove the underlying right to garnishment and expedite issuance of the writ.
Document Service Method
Use a sheriff or licensed process server and obtain a written return of service; courts often require specific proof formats for returns.
Track Exemptions
Identify likely exemptions (e.g., federal benefits, certain wages) before levying to reduce unlawful takings and potential liability.

Comparison: eSignature Vendor Pricing and Key Capabilities

This comparison highlights starting price and a few verified capability points; confirm vendor plan details directly before purchasing.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Illustrative Use Cases and Outcomes

Real-world examples show how organizations used digital workflows and writs to accelerate collections and maintain compliance.

Optica Ventures

A small claims creditor digitized writ preparation to reduce turnaround time

  • Used clerk-certified judgment attachments
  • Resulted in faster garnishee service and clearer proof of compliance, improving recoveries while keeping a defensible audit trail.

Martin Properties

A property management firm used structured templates for recurring garnishments

  • Standardized fields prevented data errors
  • The firm reduced preparation time, avoided clerk rejections, and maintained consistent service records for multiple county jurisdictions.

Frequently Asked Questions About the MC-13 Request and Writ

Answers address common points of confusion about validity, service, e-signing, and retention for garnishment writs.


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