1.22Civil Contempt Proceedings for Nonpayment of Monies Owed

“If a defendant defaults in the payment of a civil fine, costs, or both, or of any installment, as ordered pursuant to [MCL 257.907(2)], the court, upon the motion of the plaintiff or upon its own motion, may require the defendant to show cause why the default should not be treated as in civil contempt and may issue a summons or order to show cause or a bench warrant of arrest for the defendant’s appearance.” MCL 257.908(1).

“Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure on his or her part to make a good faith effort to obtain the funds required for payment, the court shall find that the default constitutes a civil contempt and may order the defendant committed until the civil fine, costs, or both, or a specified part thereof, is paid.” MCL 257.908(3). However, “[t]he court shall not sentence a person to a term of incarceration for nonpayment unless the court has complied with the provisions of MCR 6.425(D)(3).” MCR 3.606(F) (addressing contempts outside the immediate presence of the court). MCR 6.425(D)(3) addresses incarceration for nonpayment, requires an ability to pay determination, provides for payment alternatives, and offers guidance for determining manifest hardship. For a detailed discussion of MCR 6.425(D)(3), see the Michigan Judicial Institute’s Criminal Proceedings Benchbook Vol. 2, Chapter 8.

“If it appears that the default in the payment of a civil fine or costs does not constitute civil contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of payment or of each installment, or revoking the fine or costs or the unpaid portion thereof in whole or in part.” MCL 257.908(4).

“The term of imprisonment on civil contempt for nonpayment of a civil fine or costs shall be specified in the order of commitment, and shall not exceed 1 day for each $10.00 of the fine and costs.” MCL 257.908(5). “A person committed for nonpayment of a civil fine or costs shall be given credit toward payment for each day of imprisonment and each day of detention in default of recognizance before judgment at the rate of $10.00 per day.” Id.

“A defendant committed to imprisonment for civil contempt for nonpayment of a civil fine or costs shall not be discharged from custody until 1 of the following occurs:

(a) The defendant has been credited with the amount due pursuant to [MCL 257.908(5)].

(b) The amount due has actually been collected through execution of process or otherwise.

(c) The amount due has been satisfied pursuant to a combination of [MCL 257.908(6)(a) and MCL 257.908(6)(b)].” MCL 257.908(6).

“The civil contempt shall be purged upon discharge of the defendant pursuant to [MCL 257.908(6)].” MCL 257.908(7).