reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-52 - Chapter 52 Assignments for the Benefit of Creditors (600.5201...600.5265) › Section 600.5201 - Common Law Assignments for the Benefit of Creditors; Requirements for Validity; Bond of Assignee; Filing; Approval; Attachment or Execution on Assigned Property; Acknowledgment; Inventory.

600.5201 Common law assignments for the benefit of creditors; requirements for validity; bond of assignee; filing; approval; attachment or execution on assigned property; acknowledgment; inventory.
Sec. 5201.
(1) All assignments commonly called common law assignments for the benefit of creditors are void unless the same are without preferences as between such creditors and are of all the property of the assignor not exempt from execution, and the instrument of assignment (or a duplicate thereof), a list of creditors of the assignor, and a bond for the faithful performance of the trust by the assignee are filed in the office of the clerk of the circuit court where said assignor resides, or if he is not a resident of the state, then of the county where the assigned property is principally located, within 10 days after the making thereof.
(2) No such assignment is effectual to convey the title to the property to the assignee until such bond is filed with and approved by said clerk.
(3) No attachment or execution levied upon any assigned property of such assignor after such assignment and before the expiration of the time provided herein for filing such bond, is valid, and does not create any lien upon such property.
(4) Such assignment shall be acknowledged before some officer authorized to take acknowledgments. Such inventory shall be a detailed statement as near as may be of the general description, value and location of all the property and rights assigned, and in cases of persons engaged in business, specifying the original cost of any goods, wares, merchandise, fixtures and furniture. Such list of creditors shall, as far as the assignor can state the same, contain the name and post office address of each creditor, the amount due as near as may be over and above all defenses, the actual consideration for the debt, when contracted, and all securities and the value thereof held by each creditor. Such inventory and list of creditors shall be sworn by the assignor to be full, true and correct to the best of his knowledge, information and belief.
(5) Such bond shall be to the assignor for the joint and several use and benefit of himself and each, any and all of the creditors of such assignor in a penal sum at least double the value of the assigned property as shown by such inventory, and conditioned for the prompt and faithful administration of the trust by the assignee and shall be signed by the assignee and sufficient surety or sureties, who shall, under oath endorsed on said bond, testify that they are worth in the aggregate over and above all exemptions, incumbrances and debts, the penal sum of said bond.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-52 - Chapter 52 Assignments for the Benefit of Creditors (600.5201...600.5265) › Section 600.5205 - Property Conveyed; General Powers of Assignee.

600.5205 Property conveyed; general powers of assignee.
Sec. 5205.
Such assignment shall be deemed to convey to the assignee all property of the assignor not exempt from execution, and all rights legal or equitable of said assignor. The assignee shall also be trustee of the estate of the debtor for the benefit of his creditors and may recover all property or rights or equities in property which might be recovered by any creditor. When more than 1 assignee is appointed, the debts and property of the assignor may be collected and received by 1 of them and when there are more than 2 assignees, every power and authority of the whole may be exercised by any 2 of them. The survivor or survivors of any assignees shall have all their powers and rights and all property in the hands of any assignee at the time of his death, removal or incapacity, shall be delivered to the remaining assignee or assignees if there be any, or to the successor of the one so dying, removed or incapacitated, who may demand and sue for the same.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-52 - Chapter 52 Assignments for the Benefit of Creditors (600.5201...600.5265) › Section 600.5211 - Specific Powers of Assignee.

600.5211 Specific powers of assignee.
Sec. 5211.
Among other things the assignee has the power to:
(1) Sue in his own name as such assignee and recover all the estate, debts and things in action belonging to or due to such assignor in the manner and with like effect as he might or could have done if an assignment had not been made, but no suit seeking equitable relief shall be brought by the assignee involving less than $500.00 without the consent of the court.
(2) Take into his hands all the estate of such assignor whether delivered to him or afterwards discovered, and all books, vouchers and papers relating to the same;
(3) From time to time sell the assets at public auction or at private sale, as herein provided;
(4) Redeem all mortgages and conditional contracts or other incumbrances and pledges of personal property; or sell such property subject to such incumbrances, contracts or pledges;
(5) Settle all matters and accounts between such assignor and his debtors and creditors and examine, on oath to be administered by him, any person touching such matters and accounts;
(6) Compound with any person indebted to such assignor, under order of said court or judge;
(7) Prosecute or defend suits pending in favor of or against the assignor.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-52 - Chapter 52 Assignments for the Benefit of Creditors (600.5201...600.5265) › Section 600.5215 - Appraisal of Property; Sale; Notice.

600.5215 Appraisal of property; sale; notice.
Sec. 5215.
As soon as practicable after receiving said assignment, the assignees shall cause an appraisement of such property to be made by 2 disinterested competent persons under oath, and filed with the clerk of the court. Within 10 days after completion of the appraisal, the assignee shall apply to the circuit court or the judge thereof for the exercise of its equitable power to direct the disposition of the assets. Such application shall be by petition, showing what, in the opinion of the assignee, is the most advantageous method of effecting such disposition. Notice of such application of not less than 10 days shall be given by mail to all creditors known to the assignee, and proof thereof filed with the clerk prior to such hearing. The assigned property and assets shall be sold at public or at private sale, in 1 parcel or separately, as said court or judge may direct. At least 14 days' notice of the time and place of any public sale shall be given by publishing the same in a newspaper printed and circulated in the county where the sale shall be made, if there be one, and if not then in such paper as the court shall direct, once in each week for at least 2 successive weeks prior to said sale and by mailing a copy of the same to all creditors. All sales of personal property shall be for cash, but on sales of real property credit may be given for not exceeding 1 year and for not more than 3/4 of the purchase money, which shall be secured by mortgage on the property sold.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-52 - Chapter 52 Assignments for the Benefit of Creditors (600.5201...600.5265) › Section 600.5221 - Proof of Claims; Notice; Filing; List of Creditors.

600.5221 Proof of claims; notice; filing; list of creditors.
Sec. 5221.
Within 10 days after receiving such trust, the assignee shall give notice to all creditors personally or by mail (accompanied by blank proof of claim) requiring them to prove their claims within 90 days thereafter by a proof of claim to be filed with the assignee, or in default thereof, that the assignee will proceed to distribute the estate as soon as practicable without reference to claims not proved when dividends are paid. It shall not be obligatory upon the assignee to receive proofs of claim after the expiration of said 90 day period except upon order of the court, and the court shall not allow any claim by any creditor so notified to be received after the expiration of 1 year from the date on which the assignment is filed. Within 10 days after the expiration of said 90 day period the assignee shall serve personally or by mail upon each of the creditors a complete list of all creditors who have filed proof of claim giving in each instance the name, post office address and amount claimed. After the expiration of 20 days from the time when said notice is given, the assignee shall file all proofs of claim with the clerk of the court accompanied by any notices of contest which he may decide to make.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-52 - Chapter 52 Assignments for the Benefit of Creditors (600.5201...600.5265) › Section 600.5225 - Proof of Claims; Contents; Verification.

600.5225 Proof of claims; contents; verification.
Sec. 5225.
Each proof of claim must be sworn to and must state the actual amount unpaid and owing, the actual consideration thereof, when the same was contracted, when the same has become or will become due, whether any or what securities are held therefor, whether any and what payments have been made thereon, that the sum claimed is justly owing from the assignor to the claimant, and that the claimant has not, nor has any other person for his use, received any security or satisfaction whatever other than that set forth in such proof. When the claim is founded upon an account an itemized statement thereof shall be given and when the claim is founded upon any note or similar instrument, a copy thereof shall be attached and the production of the original may be required by the assignee.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-52 - Chapter 52 Assignments for the Benefit of Creditors (600.5201...600.5265) › Section 600.5231 - Contest of Claims; Procedure, Costs; Filing Fee.

600.5231 Contest of claims; procedure, costs; filing fee.
Sec. 5231.
The assignee may contest any claim. Any creditor desirous of having a claim contested may by writing request the assignee to do so and the service of any such request shall operate to stay the payment of any dividend upon such claim until the further order of the court; or any creditor may petition the court for an order requiring the assignee to contest any claim. The contest of any claim shall be instituted by serving, personally or by mail, a notice upon the claimant stating that such claim will be contested and for what reasons. Upon said proof of claim and proof of such service being filed with the clerk of said court, he shall enter such contest as cause in the name of such creditor against such assignor. The circuit court of such county shall proceed with the trial of said cause in the same manner as in other suits at law and shall have power to cause further pleadings to be filed and to allow new or amended ones as may be deemed necessary. The costs or any part thereof may be awarded to either party as the court may deem just and right under the circumstances. Whenever costs are awarded to the creditor, they shall be taxed and shall be paid by the assignee out of the assets if he has sufficient for that purpose. On the filing of the assignment referred to in section 5201, the assignor shall pay to the clerk of the court filing fee of $5.00. For all subsequent proceedings, fees shall be due and payable in accordance with the provisions of the statute relating generally to trials in circuit court.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1963, Act 240, Eff. Sept. 6, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-52 - Chapter 52 Assignments for the Benefit of Creditors (600.5201...600.5265) › Section 600.5235 - Set-Off of Mutual Debts and Credits.

600.5235 Set-off of mutual debts and credits.
Sec. 5235.
In all cases of mutual debts or mutual credits between the estate of an assignor and a creditor, the account shall be stated and 1 debt shall be set off against the other and the balance only shall be allowed or paid. A set-off or counter claim shall not be allowed in favor of any debtor of the assignor which is not provable against his estate, or which was purchased by or transferred to such debtor after the filing of the assignment or prior to the filing thereof with a view to such use and with knowledge or notice that such assignor was insolvent.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-52 - Chapter 52 Assignments for the Benefit of Creditors (600.5201...600.5265) › Section 600.5245 - Assignee; Accounts; Reports; Completion of Duties; Extension of Time; Notice.

600.5245 Assignee; accounts; reports; completion of duties; extension of time; notice.
Sec. 5245.
The assignee shall keep a regular account of all money received by him, to which account every creditor or other interested person shall be at liberty at all reasonable times to have access. Within 3 months after receiving such trust, the assignee shall file a report in said clerk's office of the condition of said estate, containing a statement of all property whatsoever received by him and the disposition made thereof, and of all moneys received, disbursed and on hand, and shall quarterly thereafter make like report covering all matters since the preceding report. It shall be the duty of the assignee to close his trust if practicable within 1 year from the date the assignment is filed, but such court or judge shall have power upon cause shown to extend the time allowed for that purpose, for such further periods as may be reasonably necessary, but in case of application for any such extension, notice thereof by mail or otherwise as said court or judge may direct shall be given to the creditors who shall have the right to appear and be heard with reference thereto.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-52 - Chapter 52 Assignments for the Benefit of Creditors (600.5201...600.5265) › Section 600.5251 - Payment of Claims; Order; Method; Time.

600.5251 Payment of claims; order; method; time.
Sec. 5251.
(1) Funds available for distribution shall be applied to the payment of the following items and in the following order:
(a) All taxes legally due and owing by the assignor to the United States, state, county or municipality;
(b) The cost of administration;
(c) All labor debts entitled to preference under the laws of this state;
(d) All other debts which under the laws of the United States or of this state are entitled to priority;
(e) All other claims preferred and allowed;
(f) Any remaining surplus to be paid to the assignor, his representatives or assigns.
(2) In case the funds shall be insufficient to pay any class in full, then the same shall be distributed pro rata among such class. No dividend on general claims shall be paid until 20 days after the second notice required by section 5221 has been given and proof of service thereof filed with the clerk. If at the time any dividend is made, any suit or claim be pending in which a demand against such assignor may be established, the assignee shall retain in his hands the proportion which would belong to such demand if established, and the necessary costs and expenses of such suit or proceeding to be applied according to the event thereof or to be distributed in a subsequent dividend. Any creditor, who shall have neglected to make proof of his claim before any dividend but who shall make proof before a subsequent dividend, shall receive the sum or sums he would have been entitled to on any former dividend or dividends before any further distribution be made to other creditors. It shall be the duty of the assignee to endeavor to make payment of all dividends to the persons entitled thereto. If any dividend that shall have been declared shall remain unpaid to the person entitled thereto until the estate is otherwise ready to be closed, the assignee shall consider it relinquished and shall distribute it among the other creditors unless otherwise ordered by the court.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-52 - Chapter 52 Assignments for the Benefit of Creditors (600.5201...600.5265) › Section 600.5255 - Compensation of Assignee; Application; Notice to Creditors.

600.5255 Compensation of assignee; application; notice to creditors.
Sec. 5255.
The assignee shall receive for his services, such compensation as may be allowed by the court. In the event of an estate being administered by more than 1 assignee or by successive assignees, the court shall apportion the compensation between them according to the services actually rendered so that there shall not be paid to the assignees for the administering of any estate a greater amount than 1 assignee would be entitled to. The court may in its discretion withhold all compensation from any assignee who has been removed for cause. Ten days' notice by mail shall be given to the creditors of all applications for the allowance to the assignee of compensation and expenses, stating the amount of compensation and the items of expenses for which allowance is asked.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-52 - Chapter 52 Assignments for the Benefit of Creditors (600.5201...600.5265) › Section 600.5261 - Civil Action for Enforcement of Trust; Grounds; Appointment of Receiver or Assignee; Summary Examination; Powers, Duties, and Compensation of Receiver.

600.5261 Civil action for enforcement of trust; grounds; appointment of receiver or assignee; summary examination; powers, duties, and compensation of receiver.
Sec. 5261.
In case there is any fraud in the matter of the assignment, or if the assignee fails to file it, or to qualify or to comply with any of the provisions of this chapter, or to promptly and faithfully execute the trust, any person interested therein may bring a civil action in the proper county for the enforcement of the trust. The court in its discretion may appoint a receiver or assignee therein and may order the summary examination of any party or witness at any stage of the cause or other proceedings under this chapter, relative to the matters of the trust, and enforce attendance and the giving of testimony. A receiver shall have the same rights, powers, duties, and compensation and be subject to all the obligations and liabilities of an assignee.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1974, Act 297, Eff. Apr. 1, 1975
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-52 - Chapter 52 Assignments for the Benefit of Creditors (600.5201...600.5265) › Section 600.5265 - Nature of Proceedings.

600.5265 Nature of proceedings.
Sec. 5265.
Proceedings under this chapter, except the contest of claims under section 5231, are equitable in nature.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-53 - Chapter 53 Receivership for Wage Earners (600.5301...600.5375) › Section 600.5301 - Assignment of Future Wages; Notice to Creditor and Employer; Exception.

600.5301 Assignment of future wages; notice to creditor and employer; exception.
Sec. 5301.
Any person employed by any person, firm, corporation, a local government or agency, or the state, or an agency thereof, who is or may be working for wages or for a salary for others, including those paid on a commission basis or who are paid through any combination thereof, who has debts which he is unable to pay, may file a full and complete list of his creditors with the clerk of the district or municipal court where he lives or where he is employed. Upon making an assignment of all his future wages to the clerk of the court to continue during the pendency of the proceedings as hereinafter set forth, he may have a notice served upon each creditor. The notice shall set forth the fact that the proceedings are pending and contain a full list of his creditors and the amount alleged to be due to each creditor and shall prescribe a time within which the creditor shall file a sworn proof of claim with the clerk of the court, which time shall not be less than 10 days nor more than 20 days from the date of service of the notice upon the creditor and shall be signed by the clerk of the court. The notice shall act as an immediate stay of proceedings by every creditor so served as against the wages, salary, or commission so assigned. The clerk of the court shall thereupon also notify the employer of the pendency of the court proceedings in suitable form as prescribed by the court. The notice shall constitute a notification to the employer to pay any and all moneys due or to become due to the employee from thenceforth, to the clerk of the court, unless and until served with a notice to the contrary. The provisions of this chapter shall not apply to any city having a common pleas court.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1969, Act 341, Eff. Jan. 1, 1970 ;-- Am. 1974, Act 297, Eff. Apr. 1, 1975
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-53 - Chapter 53 Receivership for Wage Earners (600.5301...600.5375) › Section 600.5305 - List of Creditors; Contents of Petition.

600.5305 List of creditors; contents of petition.
Sec. 5305.
The list of creditors above mentioned shall be in the form of a petition under oath and under the pains and penalties of perjury, and shall set forth whether the petitioner is a married man or not and the name, age and relationship of each person depending upon him for support and shall give the name and address of each and every creditor of the petitioner, the amount of the indebtedness, the nature of the claim, and shall contain a statement in addition to the above as to whether or not the claim is disputed by either party as to amount, and in case said claim is disputed it shall give the amount claimed by the creditor and the amount claimed by the debtor.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-53 - Chapter 53 Receivership for Wage Earners (600.5301...600.5375) › Section 600.5311 - Exemptions.

600.5311 Exemptions.
Sec. 5311.
After the filing of such petition and assignment of wages, the court shall make an order directing the clerk to pay the petitioner his legal exemptions, which shall be as follows:
(1) If the petitioner is a householder having a family, 60% but not less than $15.00 per week for which such wages, salary or commission are due, and in addition $2.00 per week for each person other than husband or wife under 18 years of age or incapable of self support because mentally or physically defective and legally dependent upon him for support.
(2) If the petitioner is not a householder having a family, he shall be entitled to 40% but not less than $10.00 per week.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1972, Act 21, Imd. Eff. Feb. 19, 1972
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-53 - Chapter 53 Receivership for Wage Earners (600.5301...600.5375) › Section 600.5315 - Exemptions by Agreement; Support of Children.

600.5315 Exemptions by agreement; support of children.
Sec. 5315.
If all creditors sign a written agreement so to do, the debtor may be paid more than the amounts herein provided for. If the petitioner is required by an order of a court of competent jurisdiction to pay money for the support and maintenance of children, then upon the filing with the court of a certified copy of the order, there shall be exempted such further sum as may be required to comply with the order, which the clerk shall forward to the person or official named in the order to receive the same.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-53 - Chapter 53 Receivership for Wage Earners (600.5301...600.5375) › Section 600.5321 - Distribution of Balance.

600.5321 Distribution of balance.
Sec. 5321.
The court shall further direct the clerk to pay the remainder of any moneys in his possession, over and above the exemptions of the petitioner, to the creditors, to be divided equally among all creditors listed, but the clerk shall not be obliged to make such distribution oftener than once in 60 days and then only if there is at least $100.00 to be distributed, but when making a distribution to creditors may pay claims or unpaid balances of $5.00 or less in full and divide the balance of the money equally among the balance of the creditors. Any money not called for by any creditor, or checks returned undelivered and remaining in the clerk's office for 6 months after the proceedings are dismissed, may be paid by the clerk to the petitioner.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-53 - Chapter 53 Receivership for Wage Earners (600.5301...600.5375) › Section 600.5325 - Clerk as Agent of Listed Creditors; Title to Funds.

600.5325 Clerk as agent of listed creditors; title to funds.
Sec. 5325.
The clerk of the court shall be the agent of each creditor listed, as to funds paid into court to which such creditors are entitled under the provisions of this chapter, and upon payment of any such funds to the clerk of the court the title thereto shall immediately pass to the creditors entitled thereto by the provisions of this chapter and their heirs and assigns, and shall become part of the estate of such creditors. This provision shall not apply to moneys not called for by any creditor or checks returned not delivered and remaining in the clerk's office for 6 months after a petition is dismissed.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-53 - Chapter 53 Receivership for Wage Earners (600.5301...600.5375) › Section 600.5331 - Fixing Amount of Claim; Disputed Claim; Costs; Intervention.

600.5331 Fixing amount of claim; disputed claim; costs; intervention.
Sec. 5331.
(1) The judge shall fix the amount of each claim, regardless of whether or not it exceeds the jurisdiction of the court in civil actions, for the purpose of participating in the funds only. The fixing of these amounts shall not be construed to be a judgment, but a creditor may at any time during the pendency of the proceeding or afterwards, take any legal action he may desire against the debtor and any means to collect any judgment secured, excepting to garnish the assigned wages. In the case of a judgment creditor who is such when the petition is filed, the amount fixed shall be the amount of the judgment with costs and legal interest, less any payments thereon. When a creditor reduces his claim to judgment during the pendency of the proceedings, the amount of his claim for participating in the funds shall thereupon be fixed at the amount of the judgment and costs, but in such case payments previously made to creditors shall not be affected.
(2) The judge, debtor, or any creditor may dispute the claim of any creditor, at any time during the pendency of the proceedings. Upon the determination of the judge to dispute a claim, or upon the filing of a written notice of intention by the debtor or creditor to do so, the judge shall cause notice of hearing to be served on the debtor, the creditor whose claim is disputed, and the objector, and have a hearing thereon, and may issue subpoenas to compel the attendance of witnesses as in civil actions therein.
(3) Any costs incurred by the hearing may be taxed against either the debtor, the objector, or the creditor whose claim is disputed, as the judge may deem just, and may be deducted from any funds in the custody of the court which would otherwise be paid to the person against whom taxed, and paid to the person in whose favor they are taxed.
(4) Any person claiming to be a creditor of any person taking advantage of this chapter who has not been listed may intervene and prove his claim the same as though his claim had been listed.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1974, Act 297, Eff. Apr. 1, 1975
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-53 - Chapter 53 Receivership for Wage Earners (600.5301...600.5375) › Section 600.5335 - Payment of Wages by Employer.

600.5335 Payment of wages by employer.
Sec. 5335.
Payment by any employer to the clerk of the court in pursuance of notice from the court to him or it of the filing of a petition by an employee, shall be payment to the employee the same as if received by said employee personally. Any employer who pays any wages, salary or commission to any employee after receiving notice of said assignment, shall be liable for any sums so paid on garnishment proceedings taken by any creditor.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-53 - Chapter 53 Receivership for Wage Earners (600.5301...600.5375) › Section 600.5341 - Garnishment; Effect.

600.5341 Garnishment; effect.
Sec. 5341.
No creditor so named in this proceeding shall have any right to garnishee the petitioner therein, and it shall be the duty of the employer in any case when served with a notice of garnishment against said employee, nevertheless to pay said wages to the clerk of the court aforesaid together with notice that such wages have been garnisheed together with any other pertinent facts pertaining to the case. When and in case any creditor not listed shall garnishee any wages so assigned, he shall have the right to have his cost expended in said garnishment added to the amount due him by proof to the court that said garnishment was instituted in good faith and without knowledge of said assignment proceedings.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-53 - Chapter 53 Receivership for Wage Earners (600.5301...600.5375) › Section 600.5345 - Duration of Assignment Proceedings.

600.5345 Duration of assignment proceedings.
Sec. 5345.
Such proceedings shall be continued indefinitely until all debts of said petitioner are paid or they may be dismissed by the court after notice to interested parties upon the petition of the debtor or upon the court's own motion or upon the petition of any creditor who can show by evidence that the debtor is attempting to deceive the court or to be unfair or is in collusion with any person, persons, firm, firms, corporation or corporations, in connection with the receivership.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-53 - Chapter 53 Receivership for Wage Earners (600.5301...600.5375) › Section 600.5351 - Secured Creditors.

600.5351 Secured creditors.
Sec. 5351.
Nothing in this chapter shall be construed to deprive the creditor holding security from pursuing his rights under the instrument giving him such security, and no creditor shall be deprived of any remedy given him by the laws of the state except they shall not have the right to garnishee or obtain any interest in the wages, salary or commission of any person claiming the advantages of this chapter.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-53 - Chapter 53 Receivership for Wage Earners (600.5301...600.5375) › Section 600.5355 - Notices; Manner of Giving; Change of Employment.

600.5355 Notices; manner of giving; change of employment.
Sec. 5355.
All notices provided for in this chapter may be given by registered mail with return receipt demanded, and if the return receipt is not received the court may order the same served as process is served in said court, and the cost thereof shall be paid by the petitioner. When and if the petitioner changes his employer he shall notify the clerk of the court and execute a new assignment of his wages and the clerk shall notify the new employer.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-53 - Chapter 53 Receivership for Wage Earners (600.5301...600.5375) › Section 600.5361 - Debts Incurred After Filing Petition; Not Included.

600.5361 Debts incurred after filing petition; not included.
Sec. 5361.
The petitioner shall not have the right to file or list any indebtedness incurred after the filing of the petition.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-53 - Chapter 53 Receivership for Wage Earners (600.5301...600.5375) › Section 600.5365 - Statute of Limitations Tolled During Pendency of Proceedings.

600.5365 Statute of limitations tolled during pendency of proceedings.
Sec. 5365.
The statute of limitations shall not run against any debt or liability of a petitioner during the pendency of the proceedings herein provided for, whether such indebtedness or liability existed at the time of the filing of the petition or was incurred afterwards.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-53 - Chapter 53 Receivership for Wage Earners (600.5301...600.5375) › Section 600.5371 - Court Fees Upon Petition; Defrayment of Incidental Expenses.

600.5371 Court fees upon petition; defrayment of incidental expenses.
Sec. 5371.
Upon the filing of the petition and assignment of wages as herein provided, said petitioner shall pay to the clerk of said court the sum of 50 cents as a filing fee and the further sum of 50 cents for each creditor named in the petition and each year thereafter the sum of 50 cents for each creditor listed and not paid in full. In the event of any contest between the debtor and any creditor or 1 creditor and another creditor, the moving party in such contest shall before having same determined pay to the clerk of the court the sum of 50 cents as a hearing fee for such service and the court shall have the right to direct the clerk to retain from the exemptions of petitioners such sums as may be necessary to defray the actual costs for providing notices, stamps, clerical help in the clerk's office, and other incidental expenses of paying for the administration of this chapter, and charge the same to the petitioners. The clerk shall deduct from the exemptions of petitioners the fee of 50 cents per creditor above provided for second and subsequent years, unless the petitioner shall pay same when due. All fees herein provided for shall be for the use of the city.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-53 - Chapter 53 Receivership for Wage Earners (600.5301...600.5375) › Section 600.5375 - Repealed. 1969, Act 209, Eff. Jan. 1, 1970.

600.5375 Repealed. 1969, Act 209, Eff. Jan. 1, 1970.
Compiler's Notes:
The repealed section pertained to receivership for wage earners; cities to which applicable.
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-54 - Chapter 54 Assignment of Accounts Receivable (600.5401...600.5445) › Section 600.5401-600.5445 - Repealed. 1962, Act 174, Eff. Jan. 1, 1964.

600.5401-600.5445 Repealed. 1962, Act 174, Eff. Jan. 1, 1964.
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-55 - Chapter 55 Prisoner Litigation Reform (600.5501...600.5531) › Section 600.5501 - Civil Action Concerning Prison Conditions; Jurisdiction.

600.5501 Civil action concerning prison conditions; jurisdiction.
Sec. 5501.
A civil action concerning prison conditions shall be brought in the circuit court or the court of claims, as appropriate.
History:
Add. 1999, Act 147, Imd. Eff. Nov. 1, 1999
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-55 - Chapter 55 Prisoner Litigation Reform (600.5501...600.5531) › Section 600.5503 - Exhaustion of Administrative Remedies; Dismissal; Appointment of Counsel; Prohibition.

600.5503 Exhaustion of administrative remedies; dismissal; appointment of counsel; prohibition.
Sec. 5503.
(1) A prisoner shall not file an action concerning prison conditions until the prisoner has exhausted all available administrative remedies.
(2) The court shall on its own motion or on the motion of a party dismiss an action concerning prison conditions brought by a prisoner as to 1 or more defendants if the court is satisfied that the action is frivolous or seeks monetary relief from a defendant who is immune from the requested relief.
(3) The court shall not appoint counsel paid for in whole or in part at taxpayer expense to a prisoner for the purpose of filing a civil action concerning prison conditions.
History:
Add. 1999, Act 147, Imd. Eff. Nov. 1, 1999
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-55 - Chapter 55 Prisoner Litigation Reform (600.5501...600.5531) › Section 600.5505 - Applicability of MCL 600.2963; Conditions for Dismissal.

600.5505 Applicability of MCL 600.2963; conditions for dismissal.
Sec. 5505.
(1) Section 2963 applies to civil actions concerning prison conditions.
(2) The court shall dismiss a case at any time, regardless of any filing fee that may have been paid, if the court finds any of the following:
(a) A prisoner's allegation of indigency is untrue.
(b) The action or appeal is frivolous.
(c) The action or appeal seeks monetary relief against a defendant who is immune from the requested relief.
(d) A prisoner fails to comply with subsection (1).
History:
Add. 1999, Act 147, Imd. Eff. Nov. 1, 1999
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-55 - Chapter 55 Prisoner Litigation Reform (600.5501...600.5531) › Section 600.5507 - Claim of Indigency; Limitations; Exceptions; Disclosure of Previous Civil Actions and Appeals; Conditions for Dismissal.

600.5507 Claim of indigency; limitations; exceptions; disclosure of previous civil actions and appeals; conditions for dismissal.
Sec. 5507.
(1) A prisoner shall not claim indigency under section 2963 in a civil action concerning prison conditions or an appeal of a judgment in a civil action concerning prison conditions or be allowed legal representation by an attorney who is directly or indirectly compensated for his or her services in whole or in part by state funds if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any prison, brought an action or appeal in a court of this state that was dismissed on the grounds that it was frivolous, unless the prisoner has suffered serious physical injury or is under imminent danger of suffering serious physical injury or has suffered or is under imminent danger of suffering conduct prohibited under section 520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g.
(2) A prisoner who brings a civil action or appeals a judgment concerning prison conditions shall, upon commencement of the action or initiation of the appeal, disclose the number of civil actions and appeals that the prisoner has previously initiated.
(3) The court shall dismiss a civil action or appeal at any time, regardless of any filing fee that may have been paid, if the court finds any of the following:
(a) The prisoner's claim of injury or of imminent danger under subsection (1) is false.
(b) The prisoner fails to comply with the disclosure requirements of subsection (2).
History:
Add. 1999, Act 147, Imd. Eff. Nov. 1, 1999
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-55 - Chapter 55 Prisoner Litigation Reform (600.5501...600.5531) › Section 600.5509 - Complaint; Review by Court; Dismissal; Reply; Waiver; Requirement; Reasons for Decision by Court.

600.5509 Complaint; review by court; dismissal; reply; waiver; requirement; reasons for decision by court.
Sec. 5509.
(1) The court shall review as soon as practicable a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.
(2) On review, the court shall dismiss the complaint or a portion of the complaint if the court finds either of the following:
(a) The complaint or a portion of the complaint is frivolous.
(b) The complaint seeks monetary relief from a defendant who is immune from the requested relief.
(3) A defendant may waive the right to reply to an action brought by a prisoner. Notwithstanding any other law or rule of procedure, a waiver under this subsection does not constitute an admission of the allegations contained in the complaint. Relief shall not be granted to the plaintiff unless a reply has been filed.
(4) The court may require a defendant to reply to a complaint in a civil action concerning prison conditions if it finds that the plaintiff is likely to prevail on the merits.
(5) If, after reviewing the complaint, the court does not dismiss the complaint under this section, the court shall indicate in the record the reasons for that decision.
History:
Add. 1999, Act 147, Imd. Eff. Nov. 1, 1999
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-55 - Chapter 55 Prisoner Litigation Reform (600.5501...600.5531) › Section 600.5511 - Action for Mental or Emotional Injury Suffered While in Custody; Showing of Physical Injury; Payment of Damages to Prisoner; Satisfaction of Outstanding Restitution Orders; Notification to Crime Victims.

600.5511 Action for mental or emotional injury suffered while in custody; showing of physical injury; payment of damages to prisoner; satisfaction of outstanding restitution orders; notification to crime victims.
Sec. 5511.
(1) A person shall not bring an action against this state or a subdivision of this state, or an official, employee, or agent of this state or a subdivision of this state, for mental or emotional injury suffered while in custody without a showing of physical injury arising out of the incident giving rise to the mental or emotional injury.
(2) Subject to section 220h of 1953 PA 232, MCL 791.220h, and the crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834, any damages awarded to a prisoner in connection with a civil action brought against a prison or against an official, employee, or agent of a prison shall be paid directly to satisfy any outstanding restitution orders pending against the prisoner, including, but not limited to, restitution orders issued under the state correctional facility reimbursement act, 1935 PA 253, MCL 800.401 to 800.406, the prisoner reimbursement to the county act, 1984 PA 118, MCL 801.81 to 801.93, 1982 PA 14, MCL 801.301, and the crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834, any outstanding costs and fees, and any other debt or assessment owed to the jurisdiction housing the prisoner. The remainder of the award after full payment of all pending restitution orders, costs, and fees shall be forwarded to the prisoner.
(3) Before payment of any damages awarded to a prisoner in connection with a civil action described in subsection (2), the court awarding the damages shall make reasonable efforts to notify the victims of the crime for which the prisoner was convicted and incarcerated concerning the pending payment of damages.
History:
Add. 1999, Act 147, Imd. Eff. Nov. 1, 1999
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-55 - Chapter 55 Prisoner Litigation Reform (600.5501...600.5531) › Section 600.5513 - Revocation of Prisoner's Good Time or Disciplinary Credit; Conditions.

600.5513 Revocation of prisoner's good time or disciplinary credit; conditions.
Sec. 5513.
In a civil action brought by a prisoner, the court may order the revocation of a prisoner's good time credit, disciplinary credit, or both, if, on its own motion or the motion of a party, the court finds that the prisoner filed an action prohibited under section 5503 or 5505 and 1 of the following applies:
(a) The claim was filed for a malicious purpose.
(b) The claim was filed solely to harass the party against whom it was filed.
(c) The prisoner testified falsely or otherwise knowingly presents false evidence or information to the court.
History:
Add. 1999, Act 147, Imd. Eff. Nov. 1, 1999