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Notice Of Judgment Lien Michigan In Minnesota
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Multi-State
Control #:
US-0025LTR
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Word;
Rich Text
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FAQ
A judgment from a Small Claims case expires six years after it is issued. Most other judgments in Michigan expire 10 years after they are issued.
Expiration and discharge, Section 2809: A judgment lien is valid for five years and may be renewed for an additional five years. Furthermore, it can be discharged by the judgment creditor, by the filing of a satisfaction of judgment, by the judgment debtor, by affidavit and proof of payment, or by order of the court.
Ing to Michigan law, your creditor has up to 6 years (from the date of your last payment) to collect on a debt, including obtaining a judgment on the debt. By getting a judgment, your creditor can pursue collections (likely a garnishment) almost indefinitely as long as they renew the judgment every 10 years.
2809. (1) Unless subsection (2) or (3) applies, a judgment lien expires 5 years after the date it is recorded. (2) Unless subsection (3) applies, if a judgment lien is rerecorded under subsection (4), the judgment lien expires 5 years after the date it is rerecorded.
Judgment liens may be filed with the court and recorded with the register of deeds by an attorney or the judgment creditor. An Order for Seizure of Property may be issued by the court clerk 21 days after entry of a judgment. It is also known as a writ of execution and is authorized pursuant to MCL 600.6004.
The proper procedure to get relief from a judgment (appeals or other post-trial motions aside) is to file a motion to vacate judgment pursuant to Rule 60.02 of the Minnesota Rules of Civil Procedure. Rule 60 provides several grounds to file a motion to vacate judgment but we will focus on Rule 60.02.
After you win a judgment, you must then have the judgment docketed. This process is sometimes called “transcribing the judgment.” You can docket a judgment by filing an Affidavit of Identification of Judgment Debtor form with court administration in the county where you were awarded the judgment.
Garnishing Your Wages If you do not object within ten days, your wages can be garnished. If you are eligible for and wish to claim an “exemption” from garnishment, it is important that you complete and return the necessary paperwork, which can be submitted anytime during the garnishment.
