How to File a Motion for Installment Payments

Use the Do-It-Yourself Motion for Installment Payment Plan tool to prepare the forms you need.

Some of the steps later in these instructions may have slightly different information for you depending on how you will file with the court. Each court decides how it will accept documents for filing. Contact your court to find out which methods are available. Depending on your court, you may be able to file by: 

• In-person filing
• E-mail
• E-filing using MiFILE
• Mailing or dropping off documents

You can find contact information for your court on the Courts & Agencies page of Michigan Legal Help.

MiFILE is only available for some courts. Even in courts where it is available, you can only use it for some case types. The State Court Administrative Office keeps a chart of courts that use e-filing. To learn more, read What Is E-Filing?.

You must sign the form in front of a notary public or a clerk of the court. You may be able to get your documents notarized for a fee at your local bank. You do not have to pay a fee for signing in front of a court clerk.

You will need to show the clerk or notary public photo identification, such as your driver’s license or state identification card, before you sign your motion.

If you’re signing your motion in front of a notary, make three copies after you sign it.

If you’re signing your motion in front of a court clerk, make three copies before you sign your motion. You will have to sign each one in front of the clerk.

Make at least one copy of your order.

If you are filing either by e-mail or using MiFILE, you will not need to make copies.

File your form and the copies with the Court Clerk’s office in the court where your case was. File a copy of the proposed order with your motion.

Contact your court to find out which filing methods are available. Depending on your court, you may be able to file electronically. To learn more about filing methods that may be available, read Step 1. If you are e-filing using MiFILE, you will need to know the case-type code. The case type code should be SC, GC, or CK. You can check the case number to find out which code to use.

You must pay the filing fee when you file your motion. The filing fee for a motion for installment payments is $20. If you can’t afford to pay the filing fee, you can ask the court to waive your fees. Use the Do-It-Yourself Fee Waiver tool to complete the form you need.

If you file in person, give the clerk the original and all the copies. The clerk will give you back what the court doesn’t need after stamping and signing the documents. If you file by mail, include a self-addressed stamped envelope so the clerk can return your copies to you.

Look at the top section of the Complaint or Judgment you got to see if your case is in circuit or district court.

If your case is in district court, the clerk will serve the motion on your creditor.

If your case is in circuit court, you must serve a copy on your creditor. If the creditor has an attorney, serve the attorney instead.

You must serve this document electronically if you can and if the other party has access to email or another way to accept it electronically. If you or the other party can't do this electronically you can serve it by regular mail.

If you are using MiFILE to file documents electronically, your documents will be served electronically as long as the other party is also using MiFILE. If the other party is not using MiFILE, you will need to serve the documents by e-mail, if possible, or by regular mail if electronic options are not available.

MiFILE is only available for some courts. Even in courts where it is available you can only use it for some case types. The State Court Administrative Office keeps a chart of courts that use e-Filing. To learn more, read What Is E-Filing?.

If you are serving documents by e-mail, keep the following rules in mind:

• All documents must be in PDF format;
• The e-mail subject line must include the name of the court, case name, case number, and the title of each document being sent;
• If you e-mail a document at or before 11:59 p.m., it is considered served on that day. If you send the e-mail on a Saturday, Sunday, or legal holiday, it is considered served on the next business day;
• Do not delete any e-mails you send to the other party, especially e-mails that served court documents. You must keep a record of sent items until a judgment or final order is entered and all appeals have been completed.

If you served the other party using MiFILE, you will not need to file a Proof of Service. MiFILE will create and file a Proof of Service for you.

After you serve the document, you must complete the Certificate of Mailing on the bottom of your copy of the form. Make a copy of it, and file it with the court. If you served the motion electronically, cross out the part of the Certificate of Mailing section that says “first-class mail addressed to their last-known address as defined in MCR 2.107(C)(3)” and write how you served your documents. If it is by e-mail, include the e-mail address you used. For example, you could write “I served this document by e-mail to emailaddress@email.com.”

File the Certificate of Mailing the same way you filed your other documents.

To object, your creditor must file the objection within 14 days of when the notice was served. Your creditor should send you a copy of the objection. If the court decides to have a hearing, it will send you notice of the hearing.

Prepare yourself before the day of the hearing – make a list of what you think the judge needs to know. Review the budget in your Motion. Be ready to explain to the judge why those expenses are reasonable.

Gather your evidence. Evidence is what you show a court to prove your case. It includes any documents that support it, as well as statements from other people who know firsthand about what happened.

For your hearing, the judge might want to see proof of the expenses you listed, so bring bills and statements to show the court. Bring proof of your income, too.

These are brief instructions about attending your court hearing. To learn more about going to court, watch the Going to Court video.

Go to the hearing location on the scheduled day and time. Dress neatly. Arrive 10 or 15 minutes before your scheduled hearing time. Tell the clerk your name, that you are there for a hearing, and that you are representing yourself. Follow the clerk’s directions and do not interrupt any hearing in progress.

Be prepared to spend most of the morning or afternoon in court. Bring your witnesses and your evidence with you. If your creditor or your creditor’s attorney is in court, they will also have a chance to speak. Take notes when your creditor or their attorney talks. Don’t interrupt them. After they speak, you will have a chance to talk. Taking notes will help you with this.

When you are called, go to the podium and tell the judge:

• Your name

• That you’re representing yourself

• What you would like the court to order

• The facts or reasons for your request, including the evidence you’ve brought

• If you have any witnesses who are willing to testify

• Any other information you think the court should hear

Answer the judge’s questions clearly and directly. If the judge wants to hear from your other witnesses, ask them to tell the court what they know or saw regarding your situation.

If your creditor doesn’t object to your motion, it will be granted and the court will mail you the order. You won’t need to have a hearing.

If your creditor objects, the court may have a hearing or it may decide the motion without one. If the court grants your motion without a hearing, the court will mail you the order regarding installment payments.

If you have a hearing, bring your order to the hearing with you. Fill it out so it states what the judge ordered in court. Ask the judge to sign it then.

Send a copy of the signed order to your creditor unless the court clerk tells you it has sent one.

If you’re being garnished, send a copy to the garnishee — the person or institution that has control of your money — which is usually your bank or employer.

Make the payments as ordered until the judgment is fully paid. If you stop making payments, pay late, or pay less than ordered, your creditor can file a motion to set aside the order for installment payments. If it’s set aside, your creditor can garnish your wages or take other steps to collect the debt.

If you need to change your payments, you can file a motion to amend the order.