US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

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 […]

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 […]

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, […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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: […]