HOUSE BILL No. 4578

 

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.