Attachment v. Execution of Realty:
If you have a judgment against someone, default or otherwise, a frequent question is what to do next. While you can always set up a creditor’s exam, or attempt to garnish the defendant’s paycheck or tax return, sometimes even these techniques come up with nothing. Once you have tried these tactics, you may want to explore attachment or execution of realty especially if the defendant has his or her money all wrapped up in real estate where it is inaccessible to the more common collection attempts.
Attachment is the process by which a judgment lien attaches to the Defendant’s interest in real property. This is accomplished by the creditor filing a notice of judgment in accordance with MCL 600.2803 with the register of deeds. This can even apply to after acquired property. There is no right to foreclose a judicial lien pursuant to MCL 600.2819.
Execution of realty is slightly different. One may only move for an execution after execution has been made against personal property pursuant to MCL 600.6004. Some property is exempt from levy and sale under execution pursuant to MCL 600.6023. This exempt property includes:
- a homestead exemption
- household goods under $1000.00 all apparel for the debtor and his family
- provisions and fuel for comfortable subsistence of each household member
- a seat, pew, or slip in the place of worship and cemetery plots
- per household member: 10 sheep, 2 cows, 5 swine, 100 hens, 5 roosters, and feed for six months
- occupational tools less than $1000.00
As you can see, this is a pretty unusual statute. If you are at your wits end trying to collect a judgment, or if you have had your property executed or attached, you need an experienced attorney to assist you and protect your rights. To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. Need help Collecting Money from a Judgment in Michigan? We are experienced Michigan attorneys with offices in Troy, MI.
More subject specific information, please click on the following Article links:
- Arbitration Defense
- Car / Automobile Repossession Defense
- Collections Defense
- Credit Card Debt Collection for an Authorized User
- Mortgage and Equity Line Negotiation
- Personal Guarantees Concerning Business Debts
- Remove a Wage, Tax or Bank Garnishment
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