88-2 District Court Collecting Money After Judgment Division
88-2 District Court Collecting Money After Judgment Division
If you sued someone for money and received judgment against that person, you have the right to collect the money. If the defendant failed to appear for trial, a copy of the Default Judgment is sent to them at the last known address. They are ordered to pay the plaintiff in full within twenty-one (21) days.
Finally, if the defendant doesn't pay the judgment as ordered, you will have to collect your money through an execution against property or garnishment. You can collect the amount stated in your judgment plus any interest that accumulates during the time the other party pays off the judgment.
How Can I Collect My Money?
How do I file an Execution against Property?
You must wait twenty-one (21) days after your judgment was signed by the Judge before you can get an execution against property. Form MC19 is used to start the process and also may be obtained from the District Court window. Complete the Request and Verification portion of the form and return to District Court with a $15.00 filing fee. The Judge must sign the document before it is effective. Once the form has been filed by the Court, you must take the form to the Montmorency County Sheriff's Department (in our county) to be executed.
Any property that is seized will be sold, and the money given to you. The sheriff or court officer is entitled to fees which will be deducted from the sale of the property.
What is a Discovery Subpoena?
You must wait twenty-one (21) days after your judgment was signed before you can file a discovery subpoena. You can obtain a subpoena from any District Court. Contact the Court for an appearance date before putting the date and location on the form. Complete both the front of the Subpoena and the Affidavit of Judgment Debtor Examination on the back. A filing fee of $15.00 is required upon filing with the Court and the Judge must sign the Subpoena before it's effective. Once the Subpoena is signed, you must have it served personally on the Defendant by process server (Montmorency County Sheriff's Department for our county).
You may include form DC87, Affidavit of Judgment Debtor, with the Subpoena for the Defendant to fill out.
How Do I File a Judgment Lien?
You must wait twenty-one (21) days after your Judgment was signed before you can file Judgment Lien against someone's property. You may obtain a Judgment Lien by downloading the form from this link or from any District Court window . For more information on how to collect money on a judgment, please visit form DCI84 on the Michigan Courts website.
Friday, October 9, 2009 6:18 PM