Form MC 49 at a glance
What it is: MC 49 is the Objections to Garnishment and Notice of Hearing form.
Who signs: Enter the Date and sign on Signature of defendant.
A filled-in Form MC 49 example: an objection because the funds are exempt
How to fill out Form MC 49, box by box
Court, case number, plaintiff, defendant and garnishee
Enter the Court telephone number and Court address.
Enter the Case Number and the Judicial District or the Judicial Circuit.
Enter the plaintiff's name, address, and telephone number (judgment creditor) and the defendant's name, address, and telephone number (judgement debtor).
If the plaintiff has an attorney, enter the plaintiff's attorney, bar number, address, and telephone number. Enter the garnishee's name and address.
1. I object to the writ of garnishment
Check box 1 to object to the writ of garnishment issued on the Date you enter, and request a hearing because of the box you mark.
Check a if the funds or property are exempt (protected) from garnishment by law.
Check b for bankruptcy proceedings and enter the Case Number.
Check c if you have an installment payment order, issued on the Date you enter, and enter the Court.
If you checked c, enter the Case Number. Check d if the maximum amount permitted by law is already being withheld by another court order. Check e if the judgment has been paid. Check f if the writ was not properly issued or is otherwise invalid, and enter why the writ is invalid after because.
2 and 3, the written statement and when you were served
Check box 2 to object to the written statement you received from the creditor because the balance of the judgment is wrong.
Check box 3 for the writ of garnishment or the written statement you were served with, and enter the Date.
Signature of defendant
Enter the Date and sign on Signature of defendant.
Notice of hearing, completed by the court
The court completes the Notice of Hearing on Objections.
A hearing will be held on the Date, at the Time and at the Location the court enters.
The defendant and plaintiff are required to appear. The garnishee is or is not required to appear. If objections were filed within 14 days of the defendant being served with the writ of garnishment or written statement, the garnishee shall continue to withhold funds but shall not release withheld funds until further order of the court. If objections were filed 14 days or more after the defendant was served with the writ of garnishment or written statement, the garnishee shall continue to withhold and release funds unless otherwise ordered by the court.
Certificate of mailing
By signing, you certify that on this date you served a copy of this objection and notice on the parties or their attorneys by first-class mail addressed to their last-known addresses as defined by MCR 2.107(C)(3).
More rules for Form MC 49
If you require special accommodations to use the court because of a disability or if you require a foreign language interpreter to help you fully participate in court proceedings, please contact the court immediately to make arrangements.
Sources
[1] Form MC 49 (4/18), Objections to Garnishment and Notice of Hearing, State of Michigan, SCAO (the Official source link on this page).