JUDICIAL DISTRICT MOTION AND AFFIDAVIT FOR JUDICIAL CIRCUIT INSTALLMENT PAYMENTS/TO AMEND ORDER FOR INSTALLMENT PAYMENTS v 1. You can also try working directly with the creditor to set up a payment plan. After you file your Motion send a copy to your creditor. Be prepared to show the court why your suggested payments are reasonable, and why you can’t afford to pay more. A “motion” is a request made in a case asking the court to issue an order of some sort. A garnishee is a third party that has control of your money or pays you. The defendant has failed to pay the installments as agreed: 2. You will also need to explain why you are sure you can pay the rest of the payments in your plan. For example, a garnishee could be a bank, employer, a tenant, or the State of Michigan. Make sure the payment plan you set up with your creditor is in writing. If the court grants installment payments (SCAO Approved Form MC 15a, Order Regarding Installment Payments), the principal defendant is responsible for sending a … You can ask the court to include a payment plan in the judgment if one hasn't been issued yet. Michigan Legal HelpHelping Michigan residents solve their legal problems. If your creditor objects to your Motion, the judge will decide if the plan is acceptable. 3. You need to know how much you can pay toward the debt and how often. Support for Michigan Legal Help is provided by: Copyright © 2020 Michigan Legal Help. As part of the agreement, ask your creditor not to garnish you unless you miss a payment . If you file the motion within 91 days of when your old plan was set aside, you will probably have to pay all the court costs. If you get a court-ordered plan and you are paying as ordered, your paycheck should not be garnished. To apply for a court ordered installment payment plan, file a Motion for Installment Payments. Read the article Objecting to Garnishments to learn how to do this. At the hearing, the judge or hearing officer might change the payment plan. To learn more about garnishments, see the I am Being Garnished for a Debt that is Not Child Support toolkit. Use this tool to prepare forms to ask the court for an installment payment plan. If you miss payments, your creditor can file a Motion to Set Aside the Order for Installment Payments. You will need to include a copy of your Order Regarding Installment Payments with your objection. If that motion is granted, your creditor can garnish your wages. Select Your County to Get Legal and Financial Help. An installment payment plan will let you pay off a judgment over time. Select Your County to Get Legal and Financial Help. After a judgment has been issued, you can file a motion for installment payments. How will the COVID-19 (Coronavirus) Emergency Affect My Legal Problem? You must tell the court about your income and expenses when you ask for the installment payment plan. If your creditor does not object, the court will grant your motion and issue an Order Regarding Installment Payments. To do that, you will have to pay a new filing fee. The more you pay, the sooner you’ll pay off the judgment. Your employer can’t stop garnishing you unless it has an order from the court telling it to stop. Select a county above for resources near you, Helping Michigan residents solve their legal problems, Are You Being Evicted? At the hearing, you will need to explain why you missed any payments. The judge might have a hearing to decide this, or the judge might decide to approve or deny your motion without a hearing. After you get a copy of the motion, you have 14 days to request a hearing to object to it. Use the Do-It-Yourself Motion for Installment Payment Plan tool to create your motion. If you talk to your creditor to establish a payment plan, it will not be through a court order. The Program works with judges, courts, lawyers, bar associations, nonprofit legal aid agencies, legal self-help centers, libraries and many others to promote coordinated and quality assistance for persons representing themselves in civil legal matters in Michigan. A creditor can object to the motion, so make sure your payment plan is reasonable- pay the highest amount you can and no less. This should stop the garnishment. Garnishment is a court process that lets a creditor collect money from a garnishee. Refer to Form 9465 instructions and attach Form 433-F, Collection Information Statement PDF, if required. To apply for a court ordered installment payment plan, file a Motion for Installment Payments.

motion for installment payment plan

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