Michigan Lein Levy Matrix

Administrative or Judicial process
Lien process is administrative; levy process is judicial
Notice required: When a case is established. When a case becomes delinquent
There is a general notice requirement that the obligor be notified when liens arise from operation of law and that property can be seized if past-due support equals one year's obligation.
There is another notice requirement when the lien is perfected (filed) that must include the following. The lien has been perfected against specified property and the amount of arrearage. Notice that property is subject to seizure after 21 days unless the obligor pays the entire arrearage or requests a hearing and that the grounds for hearing are mistakes of fact concerning the identity of the property owner or the amount owed.
Does wage withholding definition of wages include amounts in financial institutions
No
Accept freeze and seize actions directly from another state
Liens may be filed directly with the financial institution, Secretary of State or country Register of Deeds. Levies require court action.
Does new notice have to be sent when an intent to freeze/seize is sent
Yes
What are the time-frames if a new notice of intent to freeze/seize must be sent
After assets are frozen.
State freeze criteria: Minimum amount delinquent. Months of delinquency Accounts exempted
No minimum delinquency amount.
Arrears must equal 1 year's obligation. No accounts exempt, however if ownership of the account is in question, the IV-D agency will not seize the account.
Minimum account balance required Amount exempt
No minimum account balance. No exempt amount.
Duration of state freeze period
Procedures currently being developed for liens against financial accounts.
Penalties for incorrect seizure
None
State complaint/review process
Administrative
Appeal time-frames. Unique appeal requirements. Recourse for non-debtor accounts
21 days from date of notice.
Write of attachment is served on financial institution. Financial institution sends notice to other listed account holders.
Non-debtor must request hearing through the friend of the court.
Freeze and seize operations: Centralized, Automated
Not centralized.
Not automated
Freeze and seize requirements or limitations not otherwise noted
Financial institution will charge a levy fee of up to 10%, which will be taken out of the obligor's account. In order of priority, tax liens are satisfied first, any lien placed by the financial institution is satisfied second, and child support liens are satisfied third. Out-of-state IV-D agency must certify that notice has been given to obligor and certify that the lien amount totals 1 year obligation. The lien must contain identification of the specific property to be liened; the vehicle identification number (VIN) for vehicles, the legal description of real property, and account number(s) for financial accounts.