A motion to release property is a pleading asking a judge to issue a ruling that will result in the release of property or a person from custody. When property is held in custody, a motion to release must be filed in order to get it back. There are a number of situations where this may become necessary. These can include cases where property is confiscated and the cause of the confiscation is later deemed spurious, as well as situations where people deposit money with a court as surety in a case or in response to a court order. For example, someone brought to small claims court and sued for back rent might write a check to the court for the amount owed, and the landlord would need to file a motion to release for the court to give him the money.
Michigan Motion to Release Property from Levy upon Filing Bond
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How to fill out Motion To Release Property From Levy Upon Filing Bond?
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If the defendant does not pay the judgment as ordered, you will have to collect your money through an execution against property or a garnishment. To get an execution against property or garnishment, you will first need to know: Where the defendant lives and works.
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. You can renew a judgment before it expires by filing a motion to renew a judgment.
If the married couple or joint owners of a property do not have a tenancy by the entireties title, any lien can attach to the person's interest in the property. Whether it's judgment or confessed judgment, the lien will attach to the homeowner's interest, making the lienor a co-owner of the property.
How To Collect On A Judgment Garnishment - 21 days after judgment: Filing Fee $15. a. Periodic - Form MC 12 - A garnishment against the defendant's wages. ... Order to Seize Property - 21 days after judgment: Filing Fee $15. a. ... Discovery Subpoena - 21 days after judgment: Filing Fee $15.
Use the appropriate form MC 12, MC 13 or MC 52, Request and Writ for Garnishment, to start the garnishment process. A periodic writ of garnishment (form MC 12) is used to garnish the judgment debtor's wages, rent payments, land contract payments, or other debt that is paid to the judgment debtor on a periodic basis.
Filing a Request to Seize Property Form MC 19, Request and Order to Seize Property, is used to start the process. Complete the Request portion of form MC 19 and file it with the court. The filing fee varies. The court will issue the order by signing the form, and it will be executed by a sheriff or court officer.
You file a motion by completing the form and filing it with the same court that signed the default entry or default judgment. There is a $20 motion fee for filing a motion to set aside default.
(4) A judgment lien may be rerecorded only once. A judgment lien is rerecorded by recording with the register of deeds, not less than 120 days before the initial expiration date under subsection (1), a second notice of judgment lien that has been certified by the clerk of the court that entered the judgment.