A Michigan Ex Parte Motion and Order to Renew Civil Judgment is a court order allowing a creditor to renew a civil judgment against a debtor. This motion is filed in the Circuit Court of the county in which the original judgment was entered. The purpose of this motion is to extend the enforcement period of the original judgment for an additional ten years. There are two types of Michigan Ex Parte Motion and Order to Renew Civil Judgment: 1) Renewal of Judgment for Money Damages and 2) Renewal of Judgment for Specific Performance. In order to file the motion, the creditor must submit evidence of the original judgment, an affidavit of the creditor's reasonable belief that the debtor has not paid the judgment in full, and a copy of the notice of renewal sent to the debtor. After the motion is approved, the court will issue an order authorizing the renewal of the civil judgment for a period of ten years.
Michigan Ex Parte Motion and Order to Renew Civil Judgment
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FAQ
You can renew a judgment before it expires by filing a motion to renew a judgment. You can use the Ex Parte Motion and Order to Renew Civil Judgment form from the Michigan One Court of Justice website. File the motion in the court that issued the judgment. The judge may have a hearing on the motion.
An Ex Parte Motion is when one side gets to meet with the judge without the other side there. This can be to ask for an order. For example, if you cannot file and serve a Motion within the time limits required by law, you can ask the court for an Order Shortening Time For Service of Notice of Motion.
Included under MCR 2.116(C)(7) are motions based on the ground that the claim is barred because of release, payment, prior judgment, immunity granted by law, statute of limitations, statute of frauds, an agreement to arbitrate or litigate in a different forum, infancy or other disability of the moving party, or
A party may disagree with an ex parte order and file an objection within 14 days to the order or file a motion asking the court to change or cancel the order .
An ex parte order is a court order issued before the other party gets notice or an opportunity to respond. It is an order a judge signs without having a hearing first. Ex parte orders are for emergency situations only.