Winning a small claims case is only half the battle — the harder part can be collecting your judgment. In Michigan, if the defendant doesn’t pay voluntarily, you have several tools available to enforce your judgment.
1. Payment Plans or Voluntary Payment
Sometimes the judge will set up a payment schedule, or the defendant may pay immediately after the judgment is entered.
2. Seizing Property
You can request a court officer to seize and sell the defendant’s property to satisfy the judgment. This typically requires filing Form MC 19 with the court.
3. Garnishment
Michigan law allows you to garnish the defendant’s assets. Common options include:
– Wages (periodic garnishment)
– Bank accounts or other property (non-periodic garnishment)
– State income tax refunds (income tax garnishment)
4. Discovery of Assets
If you don’t know what assets the defendant has, you can file a discovery subpoena (Form MC 11). This forces the defendant to disclose employment, banking, and asset information.
5. Driver’s License Suspension
In traffic accident cases, you may be able to ask the court to suspend the defendant’s driver’s license until the judgment is paid.
Simplify the Process
Collecting a judgment can be confusing and time-consuming. Our Judgment Collection Navigator ($49) helps you:
– Choose the right enforcement method
– Prepare the correct forms
– Navigate the process step by step
The Judgment Collection Navigator is also included free in the Ultimate Navigator Package ($229).
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