88-2 District Court Collecting Money After Judgment Division
If you sued someone and have received a money judgment against that person, you have the right to collect the money. The judgment ordered by the Court, will demand the amount to be paid within twenty-one (21) days of the judgment date. If the judgment isn’t paid as ordered, you will actively have to collect your money through a garnishment, execution or judgment lien against property. You can collect the amount stated in your judgment plus any post judgment interest.
How Can I Collect My Money?
- Accepting payment directly from the party before hearing or at hearing/trial.
- At the time of hearing/trial, the Court can set up a payment arrangement.
- Execution against property
- Judgment Lien against property
- File for a discovery subpoena
How do I file an Execution of Property?
You must wait twenty-one (21) days after your judgment was issued before you can have an execution against property filed/issued. Form MC19 is used to start the process. This form can be downloaded from the internet or purchased at any District Court window. Complete the Request and Verification portion of the form and return to the District Court with a $15.00 filing fee. The Court must sign the document before it is effective. Once the form has been filed by the Court, you may take the execution to a Court approved process server to be executed. Any property that is seized will be sold and the money given to you, not the Court. The Court Officer/process server is entitled to fees which will be deducted from the sale of the property, generally.
You must wait twenty-one (21) days after your judgment was issued before you can have a garnishment issued by the Court. There are three (3) types of garnishments that can be filed.
- Periodic Garnishment
- Non-Periodic Garnishment
- Income Tax Garnishment
For more information about garnishments, see the previous page.
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 & issued, you may have it personally served by a Court approved process server or the Montmorency County Sheriff's Office within 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.
For more information on how to collect your money judgement, click here.
Wednesday, March 20, 2013 8:26 AM