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No. 133292
| In re Credit Acceptance Corporation |
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| Credit Acceptance Corporation, |
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Stephen W. King |
Plaintiff-Appellee, |
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(Appeal from Ct of Appeals) |
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(Oakland - Langford-Morris, D.) |
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| 46th District Court, |
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Karen M. Daley |
| Defendant-Appellant. |
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| __________________________________________ |
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Click to view briefs in Adobe format:
Plaintiff-Appellee's Concurrence with Application for Leave to Appeal>>
Plaintiff-Appellee's Supplemental Brief>>
Defendant-Appellant's Application for Leave to Appeal>>
Defendant-Appellant's Supplemental Brief>>
Michigan Creditors Bar Association's Amicus Curiae Brief>>
Background
In 2004, Credit Acceptance Corporation, as judgment creditor, filed approximately two hundred verified statements under MCR 3.101(D), asking the 46th District Court to issue writs of garnishment. But the district court rejected many of the verified statements for several reasons; the court repeatedly instructed Credit Acceptance Corporation’s counsel to refile the statements and to provide a supporting statement of post-judgment interest, costs, and payments for each one. Credit Acceptance Corporation protested this additional requirement, and filed this suit for superintending control in the circuit court. Credit Acceptance Corporation argued that the district court exceeded its powers in imposing additional requirements beyond those set forth in MCR 3.101(D). But the circuit court dismissed Credit Acceptance Corporation’s complaint without prejudice, finding that the district court had not exceeded its jurisdiction. In a published opinion, the Court of Appeals reversed the circuit court’s ruling and remanded the case for further proceedings. The Court of Appeals held that, because the verified statements had satisfied the requirements of MCR 3.101(D), the district court had no authority to require further documentation as a condition for issuing the writs of garnishment. The district court appeals.
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