How to Fill Out and File Form MC 49: Deadline, Grounds, and Hearing

Michigan Form MC 49 is the court form you file to object to a wage or bank account garnishment after a creditor has obtained a judgment against you, and you have 14 days from the date you were served with the writ of garnishment to get it in. File within that window and the garnishee must hold your funds without releasing them to the creditor until a judge rules on your objection. File later and the money keeps flowing to the creditor while your objection is pending.¹ You can download MC 49 from the Michigan Courts website or pick up copies at the clerk’s office in the court that issued the writ.

Why the 14-Day Deadline Is the Whole Game

The form itself spells out what the deadline does. An objection filed within 14 days of service freezes the garnishee: your employer or bank must continue withholding but cannot release anything to the creditor until the court decides. An objection filed on day 15 or later leaves the garnishee free to keep sending money to the creditor unless the court specifically orders otherwise.¹ You can win a late objection and still watch money leave your account in the meantime. Treat the 14 days as the single hard deadline in the process.

Grounds You Can Actually Use

MC 49 is a checkbox form. You cannot write in your own reasons; the form limits you to grounds recognized under Michigan Court Rule 3.101(K). Before filling anything out, read the back of the writ you received (Form MC 12, MC 13, or MC 52), which lists the income types protected under Michigan and federal law.²

The valid grounds are:

The money being garnished is exempt income. Protected categories include Social Security, Supplemental Security Income, veterans’ benefits, workers’ compensation, unemployment compensation, public assistance (including AFDC and general assistance), IRAs, civil service retirement, and the cash value of life insurance payable to a spouse or children.³
You have a pending bankruptcy case, or the debt was already discharged in bankruptcy.
A judge previously signed an installment payment order (Form MC 15a) on the same judgment, which blocks wage garnishment unless the court says otherwise.⁴
Another court order is already withholding the maximum amount the law allows from your wages, so a second garnishment cannot stack on top.
The judgment has already been paid in full.
The garnishment is otherwise invalid or was improperly issued. This covers procedural errors by the creditor, such as serving the writ on the garnishee after the service deadline, or listing the wrong interest, costs, or judgment amount.²

Filling Out the Form

Copy the case information directly from the writ: court name, court number, case number, court address, and the full names, addresses, and phone numbers of the plaintiff (the creditor), the defendant (you), and the garnishee (the employer or bank).² One wrong digit can send your objection into the wrong file or get it rejected. Work from the writ, not from memory.

Then check the box or boxes that match your grounds. If you are claiming exempt income, plan to bring documentation to the hearing, such as bank statements showing direct deposits of Social Security or veterans’ benefits. If you are challenging the amount, note the specific discrepancy on the form. If you are relying on a bankruptcy case, have the case number ready.

At the bottom of the form, the Certificate of Mailing is your signed statement that you sent copies to the other parties by first-class mail. Fill in the date and sign. The certification carries legal weight; false statements can have consequences.¹

Filing and Serving

File the completed MC 49 with the clerk of the court that signed the writ. Submit all four copies: the original for the court plus one each for the plaintiff, yourself, and the garnishee. Depending on the court, you can file in person or by first-class mail, and some courts accept electronic filing.⁵ There is no filing fee for an objection to garnishment.⁶

Who serves the copies depends on the court. In district court, the clerk serves the creditor and the garnishee, and you keep one copy. In circuit court, you serve the creditor (or their attorney) and the garnishee yourself by first-class mail. Wait until the clerk fills in the Notice of Hearing section before you mail, because the other parties need the hearing date.⁵ Once you mail the copies, complete the Certificate of Mailing on your personal copy with the date and addresses used.

The Hearing

After filing, the court must schedule a hearing within 21 days, and notice goes out to you, the creditor, and the garnishee within seven days of filing.⁷ At the hearing, the judge reviews your form and whatever evidence you brought. Documentation is what decides these cases: bank statements, pay stubs, proof of benefit deposits, payment receipts, a bankruptcy filing confirmation, whatever supports the box you checked.

The judge can agree with your objection, disagree, or modify the garnishment. If the judge agrees, the garnishment stops, and money the creditor already collected may need to be returned, though recovering it can take time. If the judge disagrees, the creditor keeps what has been collected and the garnishment continues. In some cases the judge adjusts the amount rather than ending the garnishment, such as reducing the percentage if the creditor miscalculated your disposable earnings.⁶

Protections That Can Support Your Objection

Several federal rules back up the grounds on the form, and recognizing them can help you decide what to check and what to bring.

For wages, federal law caps the weekly garnishment at the lesser of 25 percent of your disposable earnings or the amount by which those earnings exceed 30 times the federal minimum wage of $7.25 per hour, which sets a protected floor of $217.50 per week.⁸ Disposable earnings means gross pay minus legally required deductions (federal and state income tax, Social Security, Medicare). Voluntary deductions like health insurance, 401(k) contributions, and union dues do not reduce the figure. If the garnishment is taking more than the cap, that is a valid ground to object. Bring recent pay stubs so the judge can check the math.

For bank accounts, 31 CFR Part 212 requires your bank to review the account automatically on receiving a garnishment order and look back 60 days for direct deposits of federal benefits, including Social Security, SSI, veterans’, federal railroad retirement, civil service retirement, and federal employee retirement payments. The bank must keep an amount equal to those deposits (or your current balance, whichever is lower) available to you, without any filing on your part.⁹ If the bank froze protected funds anyway, that is a reason to file MC 49 and bring the deposit records to the hearing.

For bankruptcy, the automatic stay takes effect the moment you file the petition and halts most collection activity, including an active garnishment. Creditors with notice must stop. If the debt was already discharged, the creditor has no legal right to collect. Either situation is a valid ground on MC 49, and you should bring a copy of the petition or discharge order to the hearing.²

1
Michigan Courts. Michigan Court Form MC 49 – Objections to Garnishment and Notice of Hearing
2
Michigan Courts. Instructions for Filing and Serving Objections to Garnishment
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Michigan Courts. Request and Writ for Garnishment (NonPeriodic)
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Michigan Courts. MC 15a – Order Regarding Installment Payments
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Michigan Legal Help. How to File an Objection to Garnishments
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Michigan Legal Help. Objecting to Garnishments
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ICLE. Amendments to MCR 3.101, 3.102, and 3.104
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Office of the Law Revision Counsel. 15 USC 1673 – Restriction on Garnishment
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eCFR. Garnishment of Accounts Containing Federal Benefit Payments