SENATE BILL No. 1099

 

 

April 26, 2012, Introduced by Senators JONES, SMITH, HUNE, JOHNSON, HUNTER, GREGORY, GLEASON and WHITMER and referred to the Committee on Judiciary.

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

(MCL 600.101 to 600.9947) by adding section 4027.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4027. (1) If after a hearing officer orders the payment

 

of a civil fine or costs under section 4q of the home rule city

 

act, 1909 PA 279, MCL 117.4q, the defendant does not appeal the

 

order within the time allowed under section 4q(17) of the home rule

 

city act, 1909 PA 279, MCL 117.4q, the city may file an action for

 

a writ of garnishment in the appropriate court. The initial papers

 

filed with the court shall include a properly authenticated copy of

 

the applicable order.

 

     (2) A court in which an action is filed under this section

 

shall, immediately after the action is filed, issue a writ of

 

garnishment. A writ of garnishment issued under this section serves


 

in lieu of a summons and complaint in the action, and the time for

 

the defendant and an initial garnishee defendant to respond is the

 

same as for a response under statutes and court rules applicable to

 

other garnishments.

 

     (3) An action under this section may name more than 1 initial

 

garnishee defendant. After the issuance of an initial writ of

 

garnishment in an action under this section, the city may, without

 

leave of court, obtain subsequent writs of garnishment against the

 

same or additional garnishee defendants.

 

     (4) A defendant or garnishee defendant in an action under this

 

section may not raise in the action any issue that could have been

 

appealed under section 4q(17) of the home rule city act, 1909 PA

 

279, MCL 117.4q.

 

     (5) A party or the court in an action under this section shall

 

not use garnishment forms adopted by the state court administrative

 

office for use in other garnishment proceedings.

 

     (6) The fees under sections 2529(1)(a) and (h) and 8371 do not

 

apply to an action under this section.

 

     (7) Except as provided in this section and in any rules

 

adopted by the supreme court to apply to actions under this

 

section, an action under this section shall proceed according to

 

the statutes and court rules applicable to other garnishment

 

actions.