The Detroit times., 1912-10-21
WOULD AMEND
PRESENT LAW OF
GARNISHMENT
Charles M. Woodruff Drafts Bill
Based on the Illinois
Statute
AIMS AT REDUCTION
OF NUMBER OF SUITS
Plans to Bar Court Action I'm
til Opportunity is Given
to Settle Debt

Mr.. WOOdrun explains that the iii
nois law does not permit garnishment
proceedings against the wage-earner
until the employer and wage-earne'
have both been notified, and until SUI
lfcient time has elapsed for settlement
without the expense OF garnishee pro-
Iceedings. II is his belief that such a
clause should be inserted In the Michi-
gan law. He giveB the following ex'
planation:
Tho present law respecting the pro-
cess OF garnishment In justice courts
as it relates 10 employers and employel
oppressive to the latter. In the larger
cities of Michigan, especially In, De-
troit. such suits compose the bulk OF
justice court business. and may be
vision similar to that ruling In I'LL
nois, without any prejudice to the
rights OF creditors
In my experience OF many years !
have been impressed with the Injustice
quently following the institution OF
such suits. The employer Is made to
assume many risks. especially IL MS
business does not dnsr,m.nt warran. ,he to % aaft-
guard his interests. On the other
hand questionable actions are either
threatened or brought upon the cooi
calculation trat the wage Garner VIII M
fend II. and, thereby. possibly preJu-
dice his standing with his employer II
he does not actually teopardize MS
II is true that the existing law
makes liberal exemptions for personal
services; but the practice OF those em-
ployers i have counseled not 10 Win
hold the exempt amount, I unoer.
stand. Is not universally followed. The
company for which have for many
years been attorney has upon my rec
Concentration followed a course wnicn
think Is quite exceptional In the
case OF employees worthy of confidence
(Which is nearly every case) not only
the amount exempt has been promptly
paid as II no writ of garnishment hau
been served. but even the amount net
exempt; and I do not now remember OF
an instance where the company mas
lost by trusting the employe TO abide
by the final issue of the princ'pal suit.
In a few other cases only the amount
or course, in any amendment to the
Inv of garnishment the interests OF
creditors should, be considered. Al pres.
ent the plaintiff must advance fees az
the risk OF losing same II disclosure
reveals no Indebtedness. He must then
watch his case carefully to prevent. y
from being dismissed through some
default.
to work not only to the edvantage or
the employer and wage Garner but also
OF the creditor The natural operation
OF the law, as amended. would De
somewhat as follows: Printed forms
would soon be available for the de-
mand to the employer and wage earn
er. which the creditor could dsilver
without expense. The notice being
sS would each have Information OF the
amount claimed. The former would
naturally give the latter an immediate
opportunity to explain, and II (as In
most cases would happen) the wage
Garner acknowledged the debt, he could
within the six days before which suit
in garnishment could be brought eith-
er make g satisfactory settlement with
the creditor or , antnor,fe tne s empioyer oyer
his exemptions; unless. OF course. such
excess was more than the amount
claimed TO be due. In which case that
amount only WOULD De paid; n,,o- would
be settled in most cases without re-
course to the court.
The following form OF notice based
on that used In Illinois Is suggested:
DEMAND IN GARNIsHMENT.
Detroit, Mich, Oct. 3, 1912.
To Jones q Brown. employerc.
and James Smith. wage Garner: l
hereby demand OF you the sum OF
ten dollars for medical services to
said wage Garner out OF moneys
due. or which may become due to
said wage Garner as wages. as pro-
yided by law, under Public Acts
No. III, session or 1913.
CO Lectum, OF Detroit, Mich.
ia hereby authorised to receive and
receipt for the same: ~
State of Michigan.
County Of Wayne, IS:
deposes and says that he served
the above demand notice by de-
iiyering copy thereof to above
named employer and the Goo'e
nam named q, wage Garner 1S On the
Subscribed and sworn to before
this .... day of .....n 49,.
...........@. CLERK '.'''''.'
A provision such as inc proposeo
ION loss to no interested party, al
though IL would naturally reduce the
amount OF fees to be divided among
constables and. except wncre 1ees go
into the public treasury, justices: Any
Amendment to a long established law
requires careful consideration from
many points of view and the follow-
ing bill is therefore submitted az pre-
iimInary draft. The purpose is clear
and 7 rnodestiy invite suggestions for
the perfection OF the amendment.
The matter in full face is new:
The People OF the. state of Mich
issn issnct,on That section one of
act number one hundred thirty
seyer OF the session laws or eight
een hundred forty-nine, entitled
.An act 10 authorize proceedings
against garnishees and for other
n,irnoses" being section nine nun
dred ninety OF the compiled laws OF
ai9hteen hundred ninety-seyen, as
amended by act number one nun
Area seventy-seven OF public acts
81 nineteen hundred enc. be and the
Same h hereby amended so a. 10
read as follows:
: Sseetion Il. That In any action
commenced before a justice OF the
neace. founded upon contract, ex-
press or implied, OF upon judg-
rnent or decree. or after the rendi-
tIon OF Judgment I'm any case, III the
plaintin his agent or attorney
shaIl make and nle with such tus-
tIce an afndavit stating that ne
has good reasons to. believe, and
does believe, that any person.
naming him, has property. money
or effects in his hands. or under
his control. belonging TO the de-
PENDANT, or any or either OF the
defendants in such suit judgment
or decree, or that such person In
Indebted TO such defendant. or any
or either Of the defendants, and,
m the person to he gsrpfsheed r.
the employer OF the defendant or
sny or either of the defendants In
such suit. that the demand herein
after provided has been served
upon such employer and wage
Garner m hereinafter provided, and
fhrt 1more than ufx days have
elapsed since the date of such SER