Serving Garnishment Papers in Michigan: MCR 3.101

Who the server hands the writ to, the 182-day deadline printed on it, why the time of service is written to the minute, and what the signed certificate on the form records

Garnishment papers go to a third party, such as an employer or a bank, called the garnishee. A Michigan process server delivers the writ to the garnishee, writes down the exact date, time and place, and signs the certificate of service on the form. This page walks through that serve from the server's side. We deliver garnishment papers. We do not collect debts or take money from paychecks.

The main rule is MCR 3.101, Garnishment After Judgment, in Chapter 3 of the Michigan Court Rules. It points to MCR 2.105 for how the papers are handed over, and the proof is the certificate printed on the court's own forms, MC 12 (periodic, such as wages) and MC 13 (nonperiodic, such as a bank account). This page describes what those rules ask of the person carrying the papers. How they apply to a case is a question for the court and the attorney handling it.

Who may serve a writ of garnishment

Some papers can only be carried by a sheriff or a court officer. MCR 2.103(B) covers "process requiring the seizure or attachment of property" and limits it to officers such as "a sheriff or deputy sheriff, or a bailiff or court officer appointed by the court for that purpose." The same subrule then adds: "A writ of garnishment may be served by any person authorized by subrule (A)."

Subrule (A) is the general rule. MCR 2.103(A) reads: "Process in civil actions may be served by any legally competent adult who is not a party or an officer of a corporate party." So a private process server can deliver a writ of garnishment. The server delivers paper. The server does not seize, hold or move any money or property. More on this is in Who Can Legally Serve Court Papers in Michigan.

What papers the server carries

The rule lists the packet. MCR 3.101(F)(1) reads: "The plaintiff shall serve the writ of garnishment, a copy of the writ for the defendant, the disclosure form, and any applicable fees, on the garnishee within 182 days after the date the writ was issued in the manner provided for the service of a summons and complaint in MCR 2.105".

The forms match that list. The certificate on MC 12 and MC 13 records service of "two copies of the request and writ for garnishment, together with the disclosure form, applicable fee, and the attachments listed below." The client or the attorney puts that packet together. Before the first trip, the server checks that every item the form names is in it, because the certificate states what was handed over.

The date the server reads first

Every writ carries its own deadline. MCR 3.101(E)(2) says: "The writ shall include the date on which it was issued and the last day by which it must be served to be valid, which is 182 days after it was issued." The server reads that last valid date before planning anything, and every attempt is scheduled well inside it.

That window is longer than the 91 days on a summons, but the habit is the same. More on summons timing is in The 91-Day Summons Window in Michigan.

Who receives the papers at a business

The garnishee is served the way a defendant is served with a summons, so the person who may take the papers depends on what kind of garnishee it is. Many employers and banks are corporations. Under MCR 2.105(D)(1), a corporation may be served by "serving a summons and a copy of the complaint on an officer or the resident agent." MCR 2.105(D)(2) also allows service on "a director, trustee, or person in charge of an office or business establishment of the corporation" and sending "a summons and a copy of the complaint by registered mail, addressed to the principal office of the corporation."

For a limited liability company, MCR 2.105(H)(1) names "the managing member, the non-member manager, or the resident agent." When the garnishee is a person, such as someone who makes land contract payments to the defendant, MCR 2.105(A)(1) allows "delivering a summons and a copy of the complaint to the defendant personally."

At a front desk, the server asks for a person the rule names, such as an officer, the resident agent or the person in charge of the office. The server writes down that person's name and title, because the certificate has to show who received the papers. More on business service is in Serving a Michigan LLC or Corporation.

Why the time is written to the minute

On a garnishment, the moment of service matters more than on most papers. MCR 3.101(I)(1) says: "the writ shall be effective as to obligations owed and property held by the garnishee as of the time the writ is served on the garnishee." MCR 3.101(G)(1)(a) ties the garnishee's liability to property "in the garnishee's possession or control when the writ is served on the garnishee."

So the server records the date and the time to the minute, along with the street address. That matches the proof of service rule. Under MCR 2.104(A)(3), the server's statement "shall include the manner, time, date, and place of service." The MC 12 and MC 13 certificate has its own box for "Date and time of service" and another for "Place or address of service."

What happens after the hand-off

In most garnishment serves, the server does not go to the defendant at all. MCR 3.101(F)(2) puts that step on the garnishee: "The garnishee shall within 7 days after being served with the writ deliver a copy of the writ to the defendant or mail a copy to the defendant at the defendant's last known address by first class mail." That is why the packet holds a second copy of the writ.

The steps after that, such as the garnishee's disclosure and anything the parties do next, are between the garnishee, the parties and the court. The server's part ends with a clean, signed record of the delivery.

One garnishee is different. Under MCR 3.101(F)(3), "service upon the state treasurer or any designated employee may be completed electronically in a manner provided under guidelines established by the state treasurer." The MC 12 and MC 13 certificate has a separate box for that electronic service.

The signed certificate on the form

The proof of a garnishment serve is printed on the court's form. Its heading is "CERTIFICATE OF SERVICE / NONSERVICE," and the server fills it in after the papers are delivered. The server marks how the papers were served, writes in the garnishee's name, the date and time, and the place, and lists any attachments.

Then the server signs. A private server marks the line that reads: "I am a legally competent adult who is not a party or an officer of a corporate party." That line goes on: "I declare under the penalties of perjury that this certificate of service has been examined by me and that its contents are true to the best of my information, knowledge, and belief." This is the declaration that MCR 1.109(D)(3)(b) allows in place of an oath, so each fact on the certificate has to match what the server wrote down at the door.

The form also tells the server how much time there is. Its note to the process server says the request and writ are served and proof of service is filed with the court clerk by a set date. MC 12 says "before the deadline for service," and MC 13 says "before the expiration date for service." So the certificate is signed the same day the papers are delivered. More on proof is in Proof of Service in Michigan: What MCR 2.104 Requires.

When the papers cannot be delivered

Sometimes the address on the writ is closed, has moved, or has no one there who may take the papers. The same certificate covers that case. It has a line that reads "I have attempted to serve two copies of the request and writ for garnishment" and "have been unable to complete service." The server marks it and lists each date, time and place tried.

The form's note also says what happens to the papers then: "If you are unable to complete service, you must return this original and all copies to the court clerk." The client gets the full attempt log, so the attorney can decide what comes next.

Hard serves at a business

Most garnishees have an office with set hours, so a garnishment serve is often quicker than a serve on a person. The hard ones usually involve a front desk that turns visitors away, a branch where no one in charge is present, or a business that has moved. Our servers go back during business hours, ask for the officer or resident agent by name, and locate a current business address when the one on the writ is out of date. Each try goes into the log with its date, time and place. More on the attempt log is in How a Michigan Process Server Documents Each Service Attempt.

What to send with a garnishment serve request

  • The issued writ: both copies of the request and writ, the disclosure form, and the other items the form lists.
  • The last valid date printed on the writ.
  • The garnishee: full business or personal name, the street address, and the name of the resident agent or an officer if you know it.
  • Office hours or a front desk contact, when you have them.
  • How to reach you, by phone or email, in case a detail changes. More on this is in What Your Process Server Needs Before the First Attempt.

What a process server does not do

Our part is narrow on purpose. We take garnishment papers that are ready, deliver them to the garnishee in a manner MCR 2.105 allows, write down every attempt, and sign the certificate of service.

We do not collect debts, take money from paychecks, hold funds, or seize property. We do not prepare the request, choose the garnishee, or give legal advice. We are not a law firm and we are not the court, and we cannot look up a case, a hearing date or a balance. Talk to your attorney about your case.

If your garnishment papers are ready to serve, request a process server or call (248) 268-0097.

Sources

This article describes what the Michigan Court Rules and the State Court Administrative Office garnishment forms say about the person serving a writ of garnishment and the proof of that service. It quotes the rule language as published in the Michigan Court Rules updated September 2, 2026, and forms MC 12 (3/23) and MC 13 (11/24). It is general information about process serving, not legal advice. Service requirements differ between states and can differ by venue, so confirm the requirements for your matter with the court handling it or with your attorney.