HOUSE BILL No. 6537


     December 3, 2002, Introduced by Rep. Scranton and referred to the Committee on Civil Law and the Judiciary.


        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   by amending section 8409 (MCL 600.8409), as amended by 1991

   PA 192.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 8409.  (1) Attachment or garnishment shall not issue

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        from the small claims division prior to judgment, but execution

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        may issue  in the manner prescribed by law  and the judgment may

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        be enforced in any other manner AS provided by law and not pro-

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        hibited  under the provisions of  BY this chapter.

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             (2) The state court administrator shall prepare instruction

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        sheets clearly explaining in plain English how, and under what

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        circumstances, a plaintiff in whose favor a judgment has been

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        entered may request the court to issue execution, attachment, or

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        garnishment to enforce payment of the judgment.  A copy of the


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        instruction sheet shall be offered to the plaintiff at the same

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        time as a copy of the judgment is given to the plaintiff under

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        section 8410.  Additional copies of the instruction sheets  ,

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        and forms for writs of garnishment  ,  shall be made available at

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        the office of each clerk and deputy clerk of the district court.

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             (3) SUBJECT TO SUBSECTION (4), WHEN THE TIME TO APPEAL HAS

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        PASSED, A JUDGMENT ENTERED IN THE SMALL CLAIMS DIVISION OF THE

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        DISTRICT COURT MAY BE ASSIGNED TO A THIRD PARTY.  THE ASSIGNEE

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        HAS THE SAME RIGHTS TO ENFORCE THE JUDGMENT AS THE JUDGMENT CRED-

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        ITOR THAT ASSIGNED THE CLAIM, INCLUDING, BUT NOT LIMITED TO, THE

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        RIGHT TO ACT WITHOUT AN ATTORNEY.

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             (4) A JUDGMENT ENTERED IN THE SMALL CLAIMS DIVISION OF THE

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        DISTRICT COURT IS NOT ENFORCEABLE BY AN ASSIGNEE UNLESS THE

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        ASSIGNMENT OF THE JUDGMENT IS MADE IN A WRITING SIGNED BY THE

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        JUDGMENT CREDITOR, IDENTIFYING THE JUDGMENT, THE PARTIES TO THE

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        JUDGMENT, AND THE ASSIGNEE AND THE WRITING IS SERVED ON THE JUDG-

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        MENT DEBTOR BY ORDINARY MAIL AND FILED WITH THE COURT.

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             (5) AN ATTORNEY AT LAW MAY REPRESENT A JUDGMENT CREDITOR OR

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        ASSIGNEE OF A JUDGMENT CREDITOR IN THE SMALL CLAIMS DIVISION OF

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        THE DISTRICT COURT IN PROCEEDINGS TO ENFORCE THE JUDGMENT.

















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