Michigan House Bill HB4046

Michigan 2023-2024 Regular Session

• Introduced: 1/26/23
• Refer: 1/26/23
• Report Pass: 4/11/23

Caption

Courts: small claims; small claims judgment collection on behalf of an awardee; allow for certain attorneys. Amends sec. 8409 of 1961 PA 236 (MCL 600.8409).

Impact

The bill will facilitate greater clarity for individuals seeking to enforce judgments in small claims court. By mandating that the state court administrator prepare clear instruction sheets in plain English, the amendment aims to simplify the process for plaintiffs. These instruction sheets will explain how and under what circumstances an execution can be requested. Additionally, having these resources readily available at the district court clerk's office aims to support self-represented litigants and improve access to justice.

Summary

House Bill 4046 proposes amendments to the Revised Judicature Act of 1961, specifically targeting the small claims division of courts in Michigan. The bill aims to clarify the processes relating to the enforcement of judgments awarded in small claims cases. One major change is that, prior to a judgment, the small claims division will not be able to issue a writ of attachment or garnishment. However, it retains the ability to issue a writ of execution as prescribed by existing laws. The proposal is designed to streamline the collection process for plaintiffs once a judgment has been rendered in their favor.

Contention

While the bill seeks to enhance procedural clarity, there may be discussions regarding the practical implications for plaintiffs who are unable to secure immediate financial relief through writs of attachment or garnishment prior to a judgment. The prohibition on these actions could raise concerns among some stakeholders who argue that it may delay the collection of funds owed to plaintiffs, particularly in cases where the defendant's financial status may change after the judgment is made. This issue might generate debate on whether the amendments sufficiently protect the interests of plaintiffs while balancing the rights of defendants.