Michigan Form MC 12 is the Garnishee Disclosure that any bank, employer, or third party served with a non-periodic writ of garnishment must complete and return so the court knows whether the garnishee holds any money or property belonging to the judgment debtor. The form is issued by the State Court Administrative Office and governed by Michigan Court Rule 3.101 and the garnishment statutes at MCL 600.4011 through 600.4061.
Filing the disclosure late, incompletely, or not at all exposes the garnishee to a default judgment for the entire underlying judgment plus costs and attorney fees, even when the garnishee holds nothing for the debtor. Michigan courts process more than 250,000 garnishment writs each year, and SCAO data show that disclosure errors and missed 14-day deadlines drive the bulk of garnishee default motions filed under MCR 3.101(S).
- 📋 What MC 12 is, who must file it, and how it differs from the periodic wage form MC 14
- 🏦 Line-by-line instructions for every box on the official SCAO MC 12 PDF
- 👩💼 Three filled-out walkthroughs covering a bank, an employer, and a “nothing-owed” garnishee
- ⏰ The exact 14-day deadline, the $35 fee under MCL 600.4012, and the service rules
- ⚖️ The 12 most common mistakes, real consequences, and 12+ FAQs
What Form MC 12 Is and Who Must File It
Michigan Form MC 12, titled Garnishee Disclosure, is the sworn answer a garnishee files in response to a non-periodic writ of garnishment issued on Form MC 13. It tells the court, the plaintiff, and the defendant whether the garnishee owes the defendant money, holds the defendant’s property, or has nothing of the defendant’s at all. The form is approved by SCAO and is mandatory in every Michigan trial court — district, circuit, and the Court of Claims — under the uniform garnishment procedure in MCR 3.101.
The garnishee is not the defendant. The garnishee is the third party holding the defendant’s money or property. Banks and credit unions are the most common MC 12 filers because plaintiffs hunt for deposit accounts. Employers file MC 12 only for non-periodic grabs (such as a one-time bonus, accrued vacation payout, or final paycheck after termination); periodic wage garnishments use the MC 14 disclosure instead.
Other filers include title companies holding closing proceeds, insurance carriers holding settlement checks, business partners, landlords holding security deposits owed back to the defendant, and anyone served with a writ who happens to owe the defendant money on the day of service. The garnishee must answer truthfully under oath because the disclosure is signed under penalty of perjury, and a false disclosure is sanctionable under MCR 1.109(E).
The plain consequence of ignoring an MC 12 is severe. Under MCR 3.101(S)(1), the plaintiff may move for a default judgment against the garnishee for the full amount of the underlying judgment, even if the garnishee held only $12 of the defendant’s money. That is why a payroll clerk who tosses a writ into a desk drawer can cost a small business $40,000.
Before You Start: Documents and Information You Need
Gather everything before you open the PDF. The 14-day clock under MCR 3.101(H)(1) starts running the day you are served with the writ, not the day you decide to deal with it.
- The original writ of garnishment (MC 13). It contains the case number, court, plaintiff, defendant, and the writ’s issue date. Without it you cannot caption the disclosure correctly, and a wrong case number routes the form to the wrong file.
- The defendant’s identifiers. You need the defendant’s full legal name, last four of the Social Security number (if shown on the writ), and any account numbers the defendant maintains with you. A name-only search misses joint accounts, trust accounts, and DBAs.
- Account ledgers as of the moment of service. Michigan applies a “snapshot rule” — only the balance on hand at the exact time of service is captured. You must pull the timestamp from your core banking system or payroll software.
- Set-off documentation. If the defendant owes you money (an overdraft line, a loan, a credit card with the same bank), you can set off that amount before reporting. Pull the loan balance and the security agreement.
- Exempt-funds analysis. Federal benefits like Social Security, SSI, VA, and federal pensions are protected by 31 CFR 212, and banks must run the two-month lookback before freezing funds.
- The $35 garnishee fee. Plaintiffs prepay it under MCL 600.4012. Confirm the fee was attached or note its absence on the disclosure.
- Service addresses. You must serve the disclosure on the plaintiff (or plaintiff’s attorney), the defendant, and the court. Have all three addresses ready.
- Your authorized signer. Only an officer, agent, or attorney of the garnishee may sign. Have that person available before the deadline.
- A notary or e-signature platform. The disclosure is signed under oath. Most filers use a notary; MiFILE accepts an electronic verification.
- Proof of service form (MC 311). You will attach or staple this to the served copies.
Where to Get the Form and How to Access It
The official PDF lives on the Michigan Courts SCAO forms library and is downloadable for free as the MC 12 fillable PDF. Always pull the form directly from the SCAO site so you have the current revision; the revision date is printed in the lower-left corner of page 1, and clerks can reject older versions.
The form is also embedded inside the writ packet that the plaintiff serves on you. That packet typically includes the Request and Writ for Garnishment (MC 13), the disclosure (MC 12), and the Garnishment Release (MC 50). You may use the served copy or download a fresh one — they are identical.
For e-filing in the 35+ Michigan counties on MiFILE, log into MiFILE/TrueFiling and select the case. Many bank garnishment teams batch-file MC 12s through MiFILE because it timestamps the filing and avoids mail risk. Counties not yet on MiFILE accept paper filings at the issuing court’s clerk window.
A common misconception is that the form changes by county. It does not. SCAO forms are uniform statewide; only local administrative orders about how you file (paper vs. electronic) vary by county.
Step-by-Step: How to Fill Out Form MC 12 Line by Line
Form MC 12 is a single-page, two-sided document with a caption block at the top and three substantive sections: the disclosure boxes, the certification, and the proof of service on the back. Work top to bottom and do not skip boxes — even the boxes that do not apply to you must be addressed (usually with “0” or “N/A”).
Court Name, County, and Court Address
The top header asks for the judicial district, judicial circuit, or Court of Claims, plus the county and court address. Pull these directly from the writ (MC 13), word for word. Example: Marcus, the payroll manager at a Lansing logistics company, copies “30th Judicial Circuit – Ingham County, 313 W. Kalamazoo St., Lansing, MI 48933” exactly as printed on the writ.
A nuance: the Court of Claims handles state-agency cases and uses a different address (Hall of Justice, Lansing). If the writ shows the Court of Claims, do not reroute the disclosure to your local circuit court.
The most common mistake is abbreviating the court name or guessing the address. The clerk indexes by exact court identifier; a mismatch sends your disclosure to a clerk who cannot file it, and the 14-day clock keeps ticking. The misconception that “any court in the county is fine” causes default judgments every month.
Case Number
Enter the case number exactly as printed on the writ, including the suffix code (such as -GC for general civil or -CZ for civil over $25,000). Format with hyphens, no spaces: 24-1234-GC. Aisha, a credit union compliance officer, copies 2025-004417-CZ directly from the upper-right corner of the writ.
A nuance arises when the case has been transferred between courts; use the current case number, not the original. Plaintiffs sometimes serve writs with stale numbers, and the clerk’s stamp on the writ shows the current one.
The classic field-level mistake is dropping the suffix. A bare “24-1234” routes to the wrong docket and the disclosure gets returned. The misconception that suffixes are optional is wrong — they identify the docket type and are mandatory for indexing.
Plaintiff and Defendant Names
Copy the plaintiff’s and defendant’s full legal names exactly as captioned on the writ. Do not “fix” misspellings, even if you know the correct spelling — the caption must match the court’s docket. Example: Janet enters “Midwest Capital Recovery LLC” as plaintiff and “Robert J. Henderson” as defendant, copying both from the writ.
A nuance: when the defendant uses an alias or DBA, the writ usually shows it as “Robert J. Henderson a/k/a Bob Henderson.” Reproduce the full a/k/a string. If your records match only the alias, note that in the disclosure narrative.
A frequent mistake is matching only on first/last name and missing middle initials. Two “Robert Hendersons” in your customer base creates a wrong-account freeze, which exposes the bank to a wrongful garnishment claim. The misconception that the caption is “just a label” ignores its legal function as the identifier of the case.
Garnishee Name and Address
Enter your business’s full legal name and registered address — not a branch address, not a doing-business-as. Banks should use the chartered legal entity. Example: Aisha writes “Great Lakes Federal Credit Union, 5555 Centerline Dr., Saginaw, MI 48604” as the garnishee block.
A nuance for multi-state employers: use the Michigan registered agent address if you have one, because future court mailings (including a default motion) will go there.
The biggest field-level mistake is putting a branch address that does not receive legal mail. The consequence is a default motion that you never see arrive. The misconception that “any company address works” ignores MCR 2.105 service rules.
Date and Time of Service on Garnishee
Enter the exact date and time you were served with the writ. Banks usually have a stamp at the legal-process intake desk; employers should record the time HR received it. Example: Marcus enters “05/04/2026 at 10:17 a.m.” because that is when his front-desk stamp shows the writ arrived.
A nuance: service by mail under MCR 2.105 is treated as served when received, not when mailed. Use the received date.
The mistake here is rounding to the day. The snapshot rule depends on the time, so 10:17 a.m. is not the same as 4:59 p.m. — a paycheck deposited at noon could be in or out depending on the timestamp. The misconception that “the day of service” is enough invites disputes about what the snapshot captured.
Box 1 — Indebted to Defendant
Box 1 asks whether the garnishee was indebted to the defendant when the writ was served. Check yes if you owed the defendant money for any reason — wages already earned but unpaid, a refund, a settlement check, a closing disbursement. Check no if you owed nothing.
If yes, state the amount and the basis. Example: A title company writes “Yes — $14,238.62 in net seller proceeds from closing held in escrow as of 05/04/2026.” A nuance: a contingent or unliquidated debt (like an unresolved insurance claim) is generally not a current debt; describe it but mark “no.”
The cardinal mistake is checking “no” because the money is sitting in an escrow rather than the defendant’s pocket. Escrowed proceeds owed to the defendant are an indebtedness for garnishment purposes. The misconception that “we don’t owe him because he hasn’t asked for it yet” produces false disclosures and personal liability.
Box 2 — Possessing Property of Defendant
Box 2 asks whether you held property of the defendant — most commonly money in a deposit account, but also stocks, contents of a safe deposit box, or goods on consignment. Check yes and describe the property if any exists.
Example: Aisha at the credit union writes “Yes — Checking #*1487 balance $2,341.07; Savings #2231 balance $812.55.” A nuance: joint accounts in Michigan are presumed entirely available to satisfy either joint owner’s debts under MCL 487.703, but you should disclose* the joint nature so the court can resolve it.
The mistake here is disclosing only the defendant’s “share” of a joint account. You disclose the full balance and let the court sort ownership. The misconception that the bank should split the account on its own creates exposure to both the plaintiff and the joint owner.
Box 3 — Holding Funds Subject to Set-Off
Box 3 lets you set off any matured debt the defendant owes you. If the defendant has a $3,000 overdraft and a $2,500 deposit balance, your net is zero. Show the math. Example: “Deposit balance $2,500.00 minus matured loan #44217 balance $3,127.40 = $0 available to garnish.”
A nuance: only matured debts can be set off. A car loan that is current and not in default is not matured. The Michigan Supreme Court has reinforced that immature debts are not set off in Walker v. Farmers Insurance Exchange line of cases.
The mistake is setting off a current, non-defaulted loan. The consequence is that you understate available funds and become liable for the difference. The misconception that “any internal debt counts” ignores the maturity requirement.
Box 4 — Property Held Jointly or by Others
Box 4 captures property held jointly with someone other than the defendant or by another person on the defendant’s behalf. Check yes and identify the co-owner. Example: “Joint checking with Maria Henderson (spouse), balance $4,210.”
A nuance: tenancy-by-the-entireties property between spouses is generally exempt from one spouse’s individual creditors under Michigan common law, but disclose it and let the court rule.
The mistake is leaving Box 4 blank when joint property exists. The consequence is a misleading disclosure that can be re-opened. The misconception that “jointly held = exempt = don’t disclose” reverses the rule — disclose first, claim exemption second.
Box 5 — Periodic Payments
Box 5 covers situations where you make periodic payments to the defendant (rent, annuity, recurring contractor fees) that are not employment wages. Wage garnishments belong on MC 14. Example: “Defendant receives $1,200 monthly rent from a tenant; tenant pays our property management firm.”
A nuance: if you are an employer and the writ is non-periodic, do not treat ongoing wages as Box 5. Box 5 is for non-wage recurring obligations.
The mistake is mixing wage and non-wage streams. The consequence is double-garnishment exposure. The misconception that all recurring payments belong on the same form ignores the periodic/non-periodic split.
Box 6 — Other Liability
Box 6 is the catch-all. Disclose any other liability to the defendant not captured above (a pending refund, an unpaid invoice, a contingent bonus). Example: “Pending vacation payout of $1,842 due 05/15/2026 upon termination.”
A nuance: contingent liabilities should be described with the trigger. Do not pre-decide the contingency.
The mistake is leaving Box 6 blank because “nothing fits cleanly.” The consequence is omitting a real liability and facing a perjury allegation later. The misconception that Box 6 is optional ignores its catch-all design.
Statement of Exemptions
Below the boxes, the form includes space to state any exemptions you are aware of. Banks must run the federal benefit lookback under 31 CFR 212 and report the protected amount. Example: “Account contains $1,940 of protected federal benefits (Social Security direct deposits 03/03/2026 and 04/03/2026); $401.07 non-exempt.”
A nuance: Michigan exemptions under MCL 600.6023 (homestead, tools of trade, household goods) generally are claimed by the defendant on Form MC 49, not the garnishee. Disclose what you know and let the defendant claim the rest.
The mistake is freezing federal benefit funds and reporting them as available. The consequence is a regulatory violation and a customer claim. The misconception that “the court will sort exemptions later” violates the federal lookback duty.
Garnishee Fee ($35)
The form acknowledges the $35 garnishee fee under MCL 600.4012. If the plaintiff prepaid the fee with the writ, note “$35 received.” If not, note “$35 not received” and the disclosure is not required to be processed until the fee is paid. Example: Marcus writes “$35 fee received with writ on 05/04/2026.”
A nuance: the fee is a statutory floor. Some garnishees recover larger actual costs through the court, but $35 is automatic.
The mistake is processing without the fee and forgetting to demand it. The consequence is uncompensated work. The misconception that the fee is optional ignores the statute.
Verification, Signature, and Notary
Sign and date under oath. The signer must be authorized — typically an officer, manager, or attorney. Example: Marcus signs as “Marcus Reed, Payroll Manager, Great Lakes Logistics Inc.” and a notary completes the jurat.
A nuance: e-filed disclosures through MiFILE accept an electronic verification under MCR 1.109(D); paper filings need a notary.
The mistake is having a clerk who lacks authority sign. The consequence is an invalid disclosure that the plaintiff can attack as a nullity. The misconception that “anyone in payroll can sign” misreads the agency rule.
Proof of Service (Reverse Side)
The back of MC 12 is the proof of service. List the names and addresses of the plaintiff (or plaintiff’s attorney), the defendant, and the court, and check the service method (first-class mail is standard). Example: “Mailed by first-class mail on 05/12/2026 to: [plaintiff attorney address], [defendant address], and the 30th Circuit Court.”
A nuance: if the defendant has an attorney of record, serve the attorney instead of the defendant under MCR 2.107.
The mistake is filing the disclosure with the court but failing to serve the parties. The consequence is a procedurally defective disclosure that the plaintiff can move to strike. The misconception that “filing equals service” ignores the dual obligation.
Three Filled-Out Examples Using Real Scenarios
Scenario 1 — Aisha at Great Lakes Federal Credit Union (Bank Garnishee with Exempt Funds)
| Form Section | What Aisha Enters |
|---|---|
| Court | 55th Judicial District Court, Ingham County |
| Case Number | 2025-004417-GC |
| Plaintiff / Defendant | Midwest Capital Recovery LLC / Robert J. Henderson |
| Garnishee | Great Lakes Federal Credit Union, 5555 Centerline Dr., Saginaw, MI 48604 |
| Date/Time of Service | 05/04/2026 at 10:17 a.m. |
| Box 1 (Indebted) | No |
| Box 2 (Property) | Yes — Checking 1487 $2,341.07; Savings 2231 $812.55 |
| Box 3 (Set-off) | Yes — Loan **8870 matured balance $1,500.00 set off against checking |
| Exemptions | $1,940 federal Social Security under 31 CFR 212; non-exempt $713.62 |
| Fee | $35 received with writ |
| Signature | Aisha Brown, AVP Compliance, notarized 05/12/2026 |
Scenario 2 — Marcus at Great Lakes Logistics (Employer with Final Paycheck)
| Form Section | What Marcus Enters |
|---|---|
| Court | 30th Judicial Circuit, Ingham County |
| Case Number | 2025-1188-CZ |
| Plaintiff / Defendant | Apex Funding LLC / Daniel T. Cruz |
| Garnishee | Great Lakes Logistics Inc., 4400 Aurelius Rd., Lansing, MI 48911 |
| Date/Time of Service | 05/06/2026 at 9:02 a.m. |
| Box 1 (Indebted) | Yes — final paycheck of $1,847.22 net, payable 05/15/2026 |
| Box 2 (Property) | No |
| Box 5 (Periodic) | No — non-periodic; no further wages owed after termination 04/30/2026 |
| Box 6 (Other) | Yes — accrued vacation payout $612.40 due 05/15/2026 |
| Fee | $35 received |
| Signature | Marcus Reed, Payroll Manager, notarized 05/13/2026 |
Scenario 3 — Janet at Henderson & Co. CPA (Nothing-Owed Garnishee)
| Form Section | What Janet Enters |
|---|---|
| Court | 36th Judicial District Court, Wayne County |
| Case Number | 2024-009912-GC |
| Plaintiff / Defendant | First Recovery Group / Lisa M. Park |
| Garnishee | Henderson & Co. CPA PLLC, 600 Woodward Ave., Detroit, MI 48226 |
| Date/Time of Service | 05/07/2026 at 2:40 p.m. |
| Box 1 (Indebted) | No — no current invoice or refund owed to defendant |
| Box 2 (Property) | No — no funds, files, or property held |
| Box 6 (Other) | No — no contingent or other liability |
| Exemptions | N/A — nothing held |
| Fee | $35 received with writ |
| Signature | Janet Park, Managing Member, notarized 05/14/2026 |
How to File the Completed Form
You must deliver the disclosure to three places within 14 days of service: the court, the plaintiff (or plaintiff’s attorney), and the defendant. Missing any one of these is grounds for a default motion under MCR 3.101(S).
By mail (paper): Send the original to the issuing court at the address on the writ, and copies by first-class mail to the plaintiff/attorney and the defendant. There is no filing fee for the disclosure itself; the plaintiff already paid it. Processing takes 3 to 10 business days. Keep the certified-mail green card or a postal certificate of mailing as proof of service. The clerk’s date stamp on your retained copy is your proof of filing.
Electronic filing through MiFILE/TrueFiling: Available in most Michigan counties. Upload the completed PDF, select “Garnishee Disclosure (MC 12),” and serve the parties through the MiFILE e-service feature or by separate mail. There is a small e-file convenience fee paid to the platform vendor (commonly $8–$20 depending on county); the underlying court filing is free. Processing is typically same-day, and your proof is the MiFILE confirmation receipt.
In person at the clerk’s window: Bring two copies. The clerk stamps both, keeps one, and returns one to you as proof. There is no fee. You still must mail the served copies to the plaintiff and defendant the same day. Processing is immediate.
By fax: A handful of district courts still accept faxed filings under local administrative orders, but most do not. Confirm with the clerk before you fax, and follow up with a mailed original. If accepted, keep the fax confirmation as proof of filing.
A common misconception is that filing with the court alone is enough. It is not — service on the parties is independently required, and the proof of service on the back of MC 12 is the document that demonstrates compliance.
What Happens After You File
Once the disclosure is filed, one of three things happens. If you reported funds available, the court issues directions or the plaintiff serves you with disbursement instructions; you typically hold the funds 28 days under MCR 3.101(O) so the defendant can object or claim exemptions on Form MC 49.
If the defendant files objections or claims exemptions, the court schedules a hearing (usually within 14 days). You stay neutral — your only job is to hold the funds until the court tells you what to do. Disbursing early to either side without an order is the fastest way to face a double-payment claim.
If you reported nothing owed, the writ effectively dies as to you and no further action is required. The plaintiff may, however, serve a new writ later if circumstances change, because each writ is a one-time snapshot under Michigan law.
A common misconception is that the garnishee should automatically send funds to the plaintiff after 28 days. The garnishee should send funds only when the writ, the order, or the rule clearly directs disbursement; ambiguity calls for an interpleader or a clarification motion under MCR 3.603.
Mistakes to Avoid When Filling Out the Form
- Missing the 14-day deadline. The plaintiff can move for a default judgment for the entire underlying judgment.
- Wrong case number or suffix. The disclosure files to the wrong docket and is treated as not filed.
- Failing to serve the defendant. Even a perfect filing is procedurally defective without proof of service on all parties.
- Disclosing only the defendant’s “share” of a joint account. You must disclose the full balance and let the court allocate.
- Setting off an immature loan. You understate available funds and face liability for the difference.
- Ignoring the federal benefit lookback. Freezing protected Social Security funds violates 31 CFR 212 and triggers customer claims.
- Letting an unauthorized employee sign. The disclosure is voidable as a nullity.
- Skipping the notary or e-verification. An unsworn disclosure is not a disclosure.
- Mixing wage and non-wage streams on MC 12 instead of MC 14. Periodic wages need MC 14; mixing creates double-garnishment risk.
- Releasing funds before 28 days. You face a defendant claim for premature disbursement.
- Forgetting to demand the $35 fee. You eat the cost of work the statute requires the plaintiff to pay.
- Using an outdated SCAO revision. Clerks reject superseded forms; the revision date is in the lower-left corner.
Do’s and Don’ts
Do’s
- Do read the writ the day it arrives, because the 14-day clock starts at service.
- Do pull a system snapshot at the exact time of service so your numbers match.
- Do disclose joint accounts in full and let the court resolve ownership.
- Do run the federal benefit lookback before reporting available funds.
- Do keep the clerk-stamped copy and mailing proofs for at least three years.
- Do call the plaintiff’s attorney if the writ is unclear; clarification beats default.
Don’ts
- Don’t disburse funds without a clear order; ambiguity gets you sued by both sides.
- Don’t let a non-officer sign; agency limits are strictly enforced.
- Don’t guess at the court name or case number; copy them verbatim.
- Don’t treat MC 12 as optional when nothing is owed — file a “no” disclosure.
- Don’t ignore the proof-of-service block on the back; it is half the form.
- Don’t assume joint property is exempt; disclose first, claim later.
Pros and Cons of Filing on Your Own vs. With Help
Filing on your own (pros)
- Free except for the e-file convenience fee, because the disclosure has no court fee.
- Fast — a routine “no” disclosure takes 20 minutes.
- You keep full control over how account information is described.
- You learn the process and can stand up an internal SOP for future writs.
- Simple cases (no exempt funds, no set-off) almost never need an attorney.
Filing on your own (cons)
- A single missed deadline can create personal-judgment exposure.
- Joint accounts, set-offs, and federal benefits get technical fast.
- Banks face regulatory layers that lay reviewers may miss.
- A wrongly worded “no” can be attacked later for omissions.
- You absorb the time cost of every writ, which scales poorly at volume.
Filing with an attorney or service (pros)
- Counsel spots set-off and exemption issues that protect the garnishee.
- A garnishment service handles volume cheaply and standardizes responses.
- You get a defensible paper trail if the plaintiff later moves for default.
- Counsel can interplead under MCR 3.603 when ownership is contested.
- Repeat-player counsel knows local clerk preferences across counties.
Filing with an attorney or service (cons)
- Costs $150–$500 per disclosure for outside counsel.
- Adds turnaround time when the 14-day clock is short.
- Outside reviewers may not know your internal account systems.
- Volume contracts can lock you into one provider.
- For a clean “no” disclosure, the cost rarely pays for itself.
MC 12 vs. MC 14 at a Glance
| Feature | MC 12 (Non-Periodic) | MC 14 (Periodic) |
|---|---|---|
| Used for | One-time grabs of money or property | Ongoing wage garnishments |
| Typical filer | Bank, escrow, employer for final pay | Employer paying recurring wages |
| Snapshot rule | Balance at moment of service | Each pay period during the writ’s life |
| Writ duration | One-time | Up to 182 days under MCR 3.101(B)(1) |
| Disclosure deadline | 14 days | 14 days for initial; ongoing remittance after |
| Linked writ | MC 13 | MC 12 Wage (request) |
FAQs
Is Form MC 12 the same as a writ of garnishment?
No. The writ is MC 13. MC 12 is the garnishee’s sworn answer to that writ, telling the court whether the garnishee holds anything for the defendant.
Do I have to file MC 12 if I don’t owe the defendant anything?
Yes. A “no” disclosure is still mandatory within 14 days, and skipping it can cost you the full underlying judgment under MCR 3.101(S).
What is the deadline to return MC 12?
Yes — 14 days from the date of service under MCR 3.101(H)(1). Calendar it the moment the writ arrives.
Do I write the joint owner’s full balance in Box 2 or just the defendant’s share?
Yes — disclose the full balance and identify the joint owner. Splitting the account yourself is not the garnishee’s job; the court resolves ownership.
Should I check Box 1 if I owe the defendant a refund I haven’t paid yet?
Yes. An unpaid refund is an indebtedness. Mark Box 1 yes and describe it.
Do I need a notary if I file through MiFILE?
No. MiFILE accepts an electronic verification under MCR 1.109(D). Paper filings still need a notary.
Can I set off a current car loan that isn’t in default?
No. Only matured debts qualify for set-off; current, non-defaulted loans don’t.
Is the $35 fee mine to keep?
Yes. It compensates the garnishee under MCL 600.4012 for the cost of processing.
What if the plaintiff didn’t include the $35?
No processing is required until the fee is paid; note “fee not received” on the disclosure and contact the plaintiff’s attorney.
Do I report Social Security funds in the account?
Yes — but flag them as protected under 31 CFR 212. Disclose the protected amount and the non-exempt amount separately.
What happens if I miss the 14-day deadline?
Yes — the plaintiff can move for a default judgment against you for the entire underlying judgment plus costs and attorney fees.
Can I use last year’s MC 12 PDF I already have on file?
No. Always download the current revision from the SCAO forms page; the revision date is printed in the lower-left corner.
Should I serve the defendant or the defendant’s attorney?
Yes — serve the attorney if the defendant has counsel of record under MCR 2.107; otherwise serve the defendant directly.
Do I have to hold funds for 28 days before disbursing?
Yes. Under MCR 3.101(O), the 28-day window lets the defendant object or claim exemptions before any payout.
Related reading
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