Claiming Exempt Funds in a Michigan Garnishment
Protected income doesn't protect itself. If benefit money has been frozen or garnished, the exemption has to be claimed — with proof — inside a short deadline.
Important: Clear Path Document Services is a non-attorney document preparation service and cannot provide legal advice. No attorney-client relationship is created. Read full disclaimer
Quick Answer
Michigan law protects certain money from garnishment — Social Security, SSI, most public assistance, and other categories listed on the back of the writ of garnishment you received. The protection is not automatic once the money is in a bank account. You claim it by objecting on form MC 49 within the deadline on the writ, generally 14 days from service, and showing the court where the money came from. The single biggest practical obstacle is commingling: when benefit deposits are mixed with wages or other funds in the same account, tracing which dollars are exempt becomes difficult. Clear Path prepares the claim and organizes the proof; the court decides.
Who qualifies for this service?
This document preparation service is a fit for Michigan residents who match the criteria below. If your situation is different, contact us and we'll tell you whether we can help or whether you should speak with an attorney.
- People whose Social Security or SSI deposits were frozen in a bank garnishment
- Recipients of public assistance, food assistance, or state disability payments
- Veterans receiving VA benefits that were garnished
- People receiving unemployment benefits subject to a writ
- Anyone whose garnished funds come from a protected source listed on their writ
- People already at the maximum withholding under another court order
How the process works
Clear, predictable steps from intake to court-ready paperwork.
Send us the writ
The garnishment paperwork, the date served, and the account or employer affected.
We review your matter
We identify which exemption applies and what proof the court will want to see.
Written quote
Flat preparation fee, quoted quickly because the deadline is short.
Claim prepared
Form MC 49 completed on exemption grounds, with an organized exhibit set.
Filing and service packet
Who to serve and by when — plaintiff, attorney, and the bank or employer.
Hearing checklist
Exactly what documents to bring to show the funds are protected.
Paperwork we organize for you
Document preparation only. We do not represent you in court.
Documents and information you'll need
- The writ of garnishment and the date you were served
- Award or benefit letters — Social Security, SSI, VA, unemployment, public assistance
- Bank statements showing the deposits for the last several months
- Court name, case number, and plaintiff's name
- Any prior court orders affecting your income
- Your contact information
Common mistakes to avoid
Small errors can cost you weeks. Here's what we see most often.
- Assuming the bank will protect the benefits automatically — it often freezes first and asks later.
- Missing the objection deadline on the writ, which is generally 14 days from service.
- Depositing benefits into the same account as wages, making the exemption hard to trace.
- Claiming an exemption without attaching award letters or deposit records as proof.
- Not serving the plaintiff, plaintiff's attorney, and the garnishee with the objection.
- Skipping the hearing after filing, which usually ends the claim.
Local Michigan considerations
Michigan's garnishment exemptions are printed on the back of the writ form you received, and the objection route is form MC 49 filed with the issuing court. Federal law also protects certain direct-deposited federal benefits at the bank level, but those protections work best when benefits are direct-deposited and not mixed with other funds — a bank looking at a single blended account often freezes everything and leaves it to the court to sort out. Practically, the two things that decide these cases are speed and paper: file inside the deadline on your writ, and bring award letters plus statements that trace the money. If the amount at stake is large, talk to an attorney as well.
Key Terms
- Exempt funds
- Money that cannot be taken by garnishment, including Social Security, SSI, and most public assistance.
- Commingling
- Mixing exempt benefit deposits with other money in the same account, which makes the exemption harder to prove.
- Writ of garnishment
- The court order directing a bank or employer to turn over money toward a judgment.
- MC 49
- Michigan's Objections to Garnishment and Notice of Hearing form, used to claim an exemption.
People Also Ask
Reviewed and updated by the Clear Path document team. Informational only — not legal advice.
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