In Michigan, judgment records are official court records that contain the court’s decision about a case. These records are a part of the court’s public database and are typically available on request, in paper or electronic formats through the various avenues that the courts make available. Like most Michigan court records, judgment records are available through public access terminals, online databases, record custodians’ offices, and court clerk offices. Judgment records are also called judgment files.
Typically, judgment records contain important information about a case including the case summary, case facts, court’s findings, litigants’ names, judge’s name, signature, and designation, and judgment entry date.
What is a Judgment?
A judgment is the court’s verdict or decision about a legal proceeding. When litigants bring a case to court, the court initiates a predetermined series of processes to find case facts and to arrive at a decision that is fair to all case parties according to state law provisions. This decision is known as a judgment. According to Mich. Comp. Laws § 600.2801, a judgment is the court’s “final judgment.” It encompasses case parties’ rights and duties and offers a basis for the court’s decision. If the court renders a judgment in favor of one party, the party is the judgment creditor. On the other hand, if the court enters a judgment against a party, the party is a judgment debtor. Typically, debtors are liable to pay damages to creditors. In many cases, the required payment is monetary.
The courts enter different types of judgments, depending on the circumstances around the case. One of the most important things to note about a judgment, however, is that it is only valid when it carries a competent officer’s signature. In this case, a competent officer is a judge or a magistrate.
Michigan Judgment Laws
Michigan’s Compiled Laws address judgments in three chapters. Mich. Comp. Laws § 236-1961-60 addresses judgment enforcement. This chapter details the duties of the party to whom the court issues judgment execution, rights of purchasers, and judgment debtors against whom the court issues execution. It also highlights state laws concerning properties exempt from execution.
Mich. Comp. Laws § 236-1961-28 addresses judgment liens. This includes issues such as lien attachment conditions, foreclosure, discharge of judgment liens, notice and service of judgment liens, and lien status. The third chapter that highlights laws relating to judgment in Michigan is Mich. Comp. Laws § 236-1961-61, which details proceedings supplementary to judgments, alienability of land, and the powers a judge has after rendering judgment for money.
What is a Judgment Lien?
A judgment lien is “an encumbrance in favor of a judgment creditor against a judgment debtor’s interest.” (Mich. Comp. Laws § 600.2801) The court can place a lien against a debtor’s interest in real estate, including property that the debtor later acquires. For a judgment lien to be effective, the clerk of court must certify the lien notice. Additionally, the judgment creditor must ensure that the lien is recorded in the register of deeds in the county where the judgment debtor’s properties are located (Mich. Comp. Laws § 600.2803).
A judgment creditor may attach a lien to a debtor’s property without the debtor’s consent. Even though the court issues a lien notice at the judgment creditor’s request, the court does not enforce or collect a judgment on the creditor’s behalf. If the debtor fails to pay the judgment and any accrued interests, the creditor may initiate execution, which may lead to the sale of the liened property. The creditor may then recover any outstanding fees from the proceeds. In some cases, the creditor may take possession of any property with a lien against it.
What is a Michigan Summary Judgement?
A summary judgment in Michigan is one that a court renders without a trial. The court may grant a summary judgment if the petitioning party proves that a trial is not necessary or that there are no material facts in dispute. A plaintiff or defendant may file a motion for summary judgment in Michigan; however, the petitioning party must be entitled to the judgment “as a matter of law.” (Mich. R. Civil. Proc. 2.116).
Typically, plaintiffs petition the court for a summary judgment, especially in cases where a defendant’s defense is insufficient. It is important to note, however, that while defendants can appeal summary judgments, plaintiffs who file for summary judgments may not request hearings of the same case.
What is A Summary Judgment Motion In Michigan?
A summary judgment motion is a case party’s petition to the court to render judgment without a trial. In Michigan, case parties may apply for summary judgments on all or parts of a claim. Case parties may file motions for summary judgment at least 21 days before a scheduled trial hearing in Michigan. The court does not hold a hearing on the summary judgment motion until 28 days after the petitioning party notifies the respondent of the motion.
If the court finds that there is indeed no need for a trial, or that the respondent’s defenses are insufficient, the court may render a summary judgment. The responding party may appeal the summary judgment to a higher court, especially if the respondent can prove that there is a need for a trial or that defenses exist.
Michigan Judgment Record Search
Michigan’s Freedom of Information Act allows members of the public to freely access public records in the state. Since judgment records are a part of court records, they are also accessible to requesting members of the public. To search for judgment records, interested parties may visit court clerks or record custodians in the county where the court heard the case. The court also provides public access terminals for use in record searches. Many cities and counties provide remote access to court records; interested parties may check the appropriate city or county website. Michigan courts offer public access to court records through the case search website.
It should be noted that there are exemptions to the Freedom of Information Act, which include sealed records and those otherwise exempted from public access by state laws. Exempted or sealed documents are not accessible on remote access channels and are not available to unauthorized persons.
How Do I Look Up a Judgment In Michigan?
Parties interested in looking up judgments in Michigan may visit appointed record custodians or court clerks in the county where the court heard the case. Such persons may present written or oral requests for judgment records at the clerk’s office. Requesting parties may view or request copies of judgments and case records. Another way to look up a judgment in Michigan is through the court’s public access terminals. Interested parties may also look up judgments using the court’s case search website.
What Happens if You Have a Judgment Against You in Michigan?
Persons who have judgments against them in Michigan become judgment debtors. Such persons are liable to pay any damages specified by the court, whether monetary or otherwise. If there are legal grounds for appeal, a debtor may appeal the judgment to a higher court within 21 days of entry of the original judgment (Mich. R. Civil. Proc. 7.104).
Failure to pay a judgment may result in additional financial difficulty for the debtor as interests accrue on the judgment amount. Also, judgment records are part of public records and typically appear on a debtor’s credit report, resulting in difficulty in obtaining credit facilities. A judgment creditor may petition the court to execute or enforce a judgment if a debtor fails to pay. This means that the debtor may lose part of their wages (wage garnishment), non-exempt property, or their driver’s license.
How Do I Find Out If I Have Any Judgments Against Me In Michigan?
Petitioning parties are required by law to serve respondents or defendants notice of any legal action. Therefore case parties can expect to be served by mail, newspaper announcements, or in person. However, persons who receive no notice but suspect they may have judgments against them may contact the court clerk in the county where such persons reside, work, or own property.
How Long Does A Judgment Stay On Your Record?
In Michigan, judgments stay on the debtor’s record for up to seven (7) years from the day the court files the judgment. To remove a judgment from a credit report, the debtor must satisfy the judgment and obtain a Certificate of Satisfied Judgment. The debtor must then take the certificate to the credit reporting agency as proof of judgment satisfaction. Only then can the judgment be removed from the debtor’s credit report. It is not possible to remove judgments from court records in Michigan.
How To Enforce A Judgment In Michigan
As soon as the court renders a judgment in Michigan, the plaintiff or the party that the judgment favors is the judgment creditor, and the defendant or the party that the judgment is against becomes the judgment debtor. Enforcement is the process through which a creditor recovers judgment from a debtor who fails to meet their obligations as agreed. From 21 days after judgment, a creditor may initiate enforcement processes, which include wage garnishment, property seizure, and a discovery subpoena.
How To Collect A Judgment In Michigan
Collecting and enforcing are both methods of recovering judgments and any accrued interests from judgment debtors who fail to make payment. After the court renders judgment, the creditor must wait 30 days before collecting an abstract of judgment. The creditor may also obtain a discovery subpoena from the court 21 days after the court renders judgment. A discovery subpoena is a petition for the court to hold a hearing to determine what assets the debtor has. The creditor must then ensure that the discovery subpoena is served on the debtor through a process server, local sheriff, or police department. The other ways by which a creditor can recover or collect a judgment in Michigan include:
- Garnishment: the creditor may file for garnishment against the debtor so that the judgment amount is automatically deducted from the debtor’s financial assets. Garnishment can be periodic or non-periodic in Michigan. Periodic garnishment lasts for 90 days and is typically against the debtor’s wages. Non-periodic garnishment may be against the debtor’s bank account or income tax.
- Property seizure: a creditor may obtain a court order to seize the debtor’s non-exempt property. The creditor may then recover the judgment amount from proceeds of sales of the property.
What Happens if a Defendant Does Not Pay a Judgment in Michigan
A judgment debtor must pay the judgment amount and all accrued interests, as failure to pay a judgment in Michigan has serious consequences. If a defendant or judgment debtor does not pay a judgment, the defendant may be subject to additional financial penalties as interests accrue on the judgment amount.
Debtors who do not find the court’s judgment satisfactory may file a motion for the court to set aside the judgment or appeal the court’s decision to a higher court. However, such persons must have legal grounds for appeal or motion.
In Michigan, judgments appear on case parties’ credit reports and cannot be removed until the judgment is satisfied. This could result in reduced credit scores and poor credit ratings, which could in turn lead to difficulty in accessing credit facilities.
Defendants must also bear in mind that failure to pay a judgment may result in the creditor initiating enforcement or collection processes. Judgment debtors who fail to pay judgments may lose personal property and wages to enforcement.
What Personal Property Can Be Seized in a Judgment in Michigan?
Michigan laws exempt certain property from execution or judgment enforcement. Creditors may not seize, sell, or garnish exempt property during judgment collection. Some of the exempt properties in Michigan include:
- Family pictures, personal clothing, and other items required for a family’s sustenance for up to six (6) months.
- Household furniture, goods, utensils, appliances, and books up to $1,000 in value
- Insurance, mutual life, or stock benefits
- Vehicles, tools, implements, apparatus, and other things that help a debtor carry out their primary business, provided that such tools do not exceed $1,000 in value
- 40 acres of land and a residential building on the land
Other exempted property can be found in Mich. Comp. Laws § 236-1961-60. All non-exempt personal property can be seized in a judgment in Michigan.
Michigan Judgment Interest Rate
As provided by Mich. Comp. Laws § 600.6455, interest begins to accrue on judgments from the day the court renders the judgment, and the interest compounds yearly. The judgment interest rate in Michigan is 12% annually. If the judgment is based on a contract where parties agreed to a different interest rate than the law specifies, case parties may follow the agreed interest rate.
What is a Default Judgment?
When a case party is in default, it means the party failed to fulfill an obligation. It may be that the party failed to appear in court when required, make a court-ordered payment, or respond to a complaint. When a defendant is in default, the plaintiff may request a default judgment. This means that the court will render judgment in favor of the plaintiff without the defendant’s participation. The defaulting party will be liable to pay the full judgment amount as the court orders.
How to File a Motion To Set Aside Default Judgment in Michigan
It is impossible to move forward with a case when the court has entered a default judgment. In order for a defendant or defaulting party to get another chance at defense, the party must file a motion requesting that the court set aside default judgment. In order for the court to consider a motion to set aside a default judgment, the petitioning party must have a good cause for defaulting and a meritorious defense to the case. Examples of good causes for defaulting include irregularities in the proceedings and health reasons such as hospitalizations.
Case parties must file sworn statements for meritorious defenses. If the court sets aside the default judgment, the defendant may then file a response and defense to the plaintiff’s complaint.
File Motion To Vacate Judgment in Michigan
A motion to vacate a judgment in Michigan is the same as a motion to set aside the judgment. Interested parties must file a motion to vacate judgment no later than 21 days after the court renders or enters the judgment. Parties who are not served notices of complaints, summons, or motions may seek relief from a judgment after 21 days. After filing a motion, the movant must serve the respondent copies of the motion and schedule a hearing for the motion.
How To Remove An Abstract Of Judgment In Michigan
An abstract of judgment is a legal document that contains important information about a judgment, including the judgment amount, the case parties’ names, and the judgment summary. To place a lien on a judgment debtor’s property, a creditor must record the abstract of judgment against the debtor’s property in all the counties where the debtor has property.
To remove an abstract of judgment in Michigan, a judgment debtor must satisfy the judgment by either paying the full amount or agreeing on part payment with the creditor. Upon satisfying the judgment, the debtor must obtain a Certificate of Satisfied Judgment, which certifies that the debtor has fully satisfied the judgment. The debtor must then record the satisfaction in all counties where the creditor filed the lien.
How Long Is a Judgment Good For In Michigan?
In Michigan, the validity of a judgment depends on the type of case. Small claims judgments typically expire after six (6) years, while judgment liens expire after five (5) years. For other types of cases in the state, judgment expires after ten (10) years. It is possible to renew a judgment before it expires in Michigan. Interested parties must file motions to renew with the court, and the court may hold a hearing on the motion.
Michigan Judgment Statute of Limitations Law
The statute of limitations for judgments in Michigan is highlighted in Mich. Comp. Laws § 600.2809. The statute addresses the validity period of judgments and judgment liens, and how often they may be re-recorded. As provided by the state statute, a judgment lien expires five (5) years after the court records it; however, it is possible to re-record the judgment lien, provided that the re-recording is done at least 120 days to the first five-year expiration. It is only possible to re-record a judgment lien once. Also, if a judgment has a different (earlier) expiration date than a judgment lien, the lien expires on the same day as the judgment.
