April 5, 2007, Introduced by Rep. Hansen and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 8409 (MCL 600.8409), as amended by 1991 PA 192.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8409. (1) Attachment or garnishment shall not issue from
the small claims division prior to judgment but execution may issue
in the manner prescribed by law and the judgment may be enforced in
any
other manner provided by law and not prohibited under the
provisions
of this chapter. A party to an action under this chapter
may be represented by an attorney at law in matters related to the
issuance of execution or other enforcement of the judgment.
(2) The state court administrator shall prepare instruction
sheets clearly explaining in plain English how, and under what
circumstances, a plaintiff in whose favor a judgment has been
entered may request the court to issue execution, attachment, or
garnishment to enforce payment of the judgment. A copy of the
instruction sheet shall be offered to the plaintiff at the same
time as a copy of the judgment is given to the plaintiff under
section 8410. Additional copies of the instruction sheets, and
forms for writs of garnishment, shall be made available at the
office of each clerk and deputy clerk of the district court.