Michigan Release of Judgment Lien - Abstract of Judgment

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Multi-State
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US-OG-538
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If an owner of an interest in real property has had a judgment obtained against the owner, this form addresses a release of that judgment lien.

Title: A Comprehensive Guide to Michigan Release of Judgment Lien — Abstract of Judgment Introduction: In the state of Michigan, Release of Judgment Lien — Abstract of Judgment plays a crucial role in concluding a legal process by releasing a judgment lien placed on a debtor's property. This article will provide an in-depth explanation of what the Michigan Release of Judgment Lien — Abstract of Judgment entails, its purpose, and its various types. 1. What is a Release of Judgment Lien? A Release of Judgment Lien refers to the legal procedure undertaken to remove a judgment lien previously placed on a debtor's property. A judgment lien is often placed when a creditor obtains a court-ordered judgment against the debtor, allowing them to claim the debtor's property. 2. Understanding Abstract of Judgment: The Abstract of Judgment is an important document that summarizes the details of a court-ordered judgment. It acts as a legal notice, ensuring that the judgment is recorded and publicly available. An Abstract of Judgment helps protect the creditor's interest in satisfying the judgment by creating a lien on the debtor's property. 3. Purpose of a Michigan Release of Judgment Lien: The primary purpose of a Michigan Release of Judgment Lien is to clear the debtor's property from any encumbrances resulting from the judgment lien. By filing a Release of Judgment Lien, the creditor acknowledges that the original debt has been satisfied, releasing their claim on the debtor's property. 4. Different Types of Michigan Release of Judgment Lien — Abstract of Judgment: a. Voluntary Release: This type of release occurs when the debtor has successfully satisfied the judgment by paying off the debt. The creditor voluntarily releases the judgment lien using a Release of Judgment Lien form. b. Cancellation by Law: In certain circumstances, the judgment lien may be canceled automatically after a specific period of time, as defined by Michigan law. Automatic cancellation occurs if no action is taken to enforce or extend the judgment lien within the specified timeframe. c. Release through Court Order: In some cases, the debtor may file a motion in court to release the judgment lien. If the debtor can demonstrate substantial grounds or successful challenge to the judgment lien, the court may order the release. d. Error Correction: If any errors or mistakes occurred during the initial judgment lien filing, the creditor or debtor may file a motion to correct them and subsequently release the judgment lien. Conclusion: The Release of Judgment Lien — Abstract of Judgment process in Michigan is a crucial step towards resolving a debtor's financial obligations and freeing their property from any encumbrances of a judgment lien. Understanding the various types of release options ensures that debtors and creditors can navigate the process effectively while safeguarding their interests. If you have concerns regarding the Release of Judgment Lien — Abstract of Judgment, it is always advisable to consult with a legal professional experienced in Michigan's specific laws and regulations.

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Garnishment is a court procedure that allows you to collect the money owed to you by taking in from the judgment debtor's wages, bank account, or another source (such as income tax refunds). To file a garnishment, contact the court clerk for the proper forms. Instructions are provided with the form.

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.

A judgment lien expires after 5 years from the date it is recorded but may be rerecorded once for another period of 5 years not less than 120 days before the expiration of the initial judgment. Mich. Comp. Laws § 600.2809.

Unless the judgment is earlier satisfied or the judgment lien is released, a real property judgment lien typically remains in effect for 10 years from the date of entry of the judgment. See CCP § 697.310(b).

The Michigan Discharge of Lien Form is used to cancel a lien that has already been filed. It's most often used to release a lien claim after a lien claimant receives payment. However, they may also be released based on settlements, legal controversies, because they expired, or more.

Section 2809 also provides that judgment liens may be extinguished by recording any of the following with the register of deeds: Discharge signed by the judgment creditor or attorney. Satisfaction of judgment. Court order discharging the lien. Bankruptcy discharge (see above)

Creditors of one spouse cannot put a lien on the property. However, if both spouses are liable for the same debt, the creditor can reach the property. If the couple gets divorced, the tenancy by the entirety becomes a tenancy in common, unless their judgment of divorce states otherwise.

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TO PROCESS SERVER: You must serve the notice of judgment lien and file proof of service with the court clerk. If you are unable to complete personal service ... You need to provide the judgment debtor's full name, date of birth, and Michigan driver's license number. There is no filing fee. The court clerk should have  ...You must: Complete an Abstract of Judgment (EJ-001). Have it issued by the clerk and pay the issuance fee by submitting the document to the court location where ... This form is a multi-page document that provides for the certified original to be returned to the judgment creditor for recording with the register of deeds. Complete the front of the form and the “Affidavit for Judgment Debtor Examination” section on the bottom of the form. You'll need to contact the court to set a ... The Company requires a search and examination for judgments and tax liens against . Comment: If the initial title search does not include a general lien ... A judgment becomes dormant if the judgment holder does not begin execution proceedings or file a renewal affidavit within five years after the date of judgment. Jan 14, 2005 — A copy of a certified notice of judgment lien would have to be served by certified mail on the judgment debtor at his or her last known address; ... If you recorded an abstract of judgment to place a lien against the debtor's real property, you will need an original, notarized copy of your Acknowledgment of ... In this situation, you do not need to file anything unless you have also recorded an abstract of judgment to place a lien on the judgment debtor's property.

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Michigan Release of Judgment Lien - Abstract of Judgment