Rule 3.104.Installment Payment Orders
Subchapter 3.100 — Debtor-Creditor · Last verified September 5, 2026
Full Text of Rule 3.104
Plain-English Summary
MCR 3.104 gives a judgment debtor a way to turn a lump sum obligation into a payment schedule. The rule is short, and it is built to run on paper: a motion, a brief objection window, and a decision the court can make from the documents without anyone appearing.
Who may ask, and how
Subrule (A) opens the motion to any party against whom a money judgment has been entered. The relief sought is an order permitting the judgment to be paid in installments in accordance with MCL 600.6201 and the sections that follow it. A copy of the motion must be served on the plaintiff.
The motion is granted unless someone objects
Subrule (B) reverses the usual rhythm of motion practice. The motion will be granted without further hearing unless the plaintiff files written objections and serves them on the defendant within 14 days after the motion was served. Silence produces the order. If objections do arrive, the clerk must promptly present the motion and the objections to the court, which may decide on the documents filed or notify the parties that a hearing will be required. Unless the court schedules that hearing itself, noticing it falls to the moving party.
Losing the order
Subrule (C) runs the same mechanism in the other direction. If the defendant fails to make the payments the order requires, the plaintiff may file and serve a motion to set the installment order aside. Unless a hearing is requested within 14 days after that motion is served, the order setting aside the installment order will be entered without argument.
Coming back after a default
Subrule (D) discourages a quick return. A defendant who moves for a new installment order within 91 days after a previous installment order was set aside faces costs assessed as a condition of entry of the new order, unless good cause is shown.
The design has a rhythm worth noticing. Both of the rule's response deadlines are 14 days, and both run from service rather than from filing, so a party who wants to be heard has to move quickly. The rule also treats an installment order as revocable rather than settled: it can be entered on an unopposed motion and taken away on an unopposed motion.
Frequently Asked Questions
Who can ask a Michigan court for an installment payment order?
Subrule (A) allows any party against whom a money judgment has been entered to move for an order permitting the judgment to be paid in installments in accordance with MCL 600.6201 and the sections that follow. A copy of the motion must be served on the plaintiff.
What happens if the creditor does not object to the motion?
The motion is granted without a hearing. Subrule (B) makes the order the default outcome unless the plaintiff files and serves written objections in time, so an unopposed motion produces the installment order on the papers.
How long does the creditor have to object?
Fourteen days after the service date of the defendant's motion. The objections must be both filed and served on the defendant. Once objections are on file, the clerk presents them to the court with the motion, and the court either rules on the documents or tells the parties a hearing is required.
What happens if the debtor stops making the installment payments?
Under subrule (C) the plaintiff may file and serve a motion to set aside the installment order. Unless a hearing is requested within 14 days after that motion is served, the order setting the installment order aside will be entered.
Can a debtor get a new installment order after the prior order is set aside?
Yes, but subrule (D) adds a cost. If the motion for the new order comes within 91 days after the previous order was set aside, the court assesses costs against the defendant as a condition of entering the new order unless good cause is shown.