reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6007 - Execution; Precedence.

600.6007 Execution; precedence.
Sec. 6007.
If there are 1 or more executions or attachments issued against the same judgment debtor or his property, the execution or attachment first delivered for execution shall have preference; except that if there has been a levy and sale of any goods or chattels before a levy under the first execution or attachment, then such goods or chattels shall not be levied on by virtue of such first execution or attachment.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6008 - Execution; Set-Off; Balance on Appeal.

600.6008 Execution; set-off; balance on appeal.
Sec. 6008.
(1) Executions between the same parties may be set off one against another, if required by either party as follows:
(a) When 1 of the executions is delivered for service, the person who is the debtor therein may deliver his execution to the serving officer and it shall be applied, as far as it will extend, to the satisfaction of the first execution; and such application shall be indorsed on each execution. Only the balance due on the larger execution may then be collected and paid in the same manner as if there had been no set off.
(b) Such set off shall not be allowed unless all the parties are mutual debtors and creditors. Nor shall set off be allowed where the sum due on the first execution shall have been lawfully assigned to another person before the creditor in the second execution becomes entitled to the sum due thereon, or as to so much of the first execution as may be due to the attorney in that suit for his taxable fees and disbursements.
(2) If, upon an appeal, a recovery for a debt or damages be had by 1 party, and costs be awarded the other, execution shall issue only in favor of the party to whom there shall be a balance due, and for the amount of such balance.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6009 - Execution; Officer's Security; Recovery of Expense.

600.6009 Execution; officer's security; recovery of expense.
Sec. 6009.
Whenever there is any reasonable doubt as to the ownership by a judgment debtor of any personal property, or as to their liability to be taken upon an execution, the officer holding such execution may require of the judgment creditor sufficient security to indemnify him for taking such personal property thereon; and if such security be refused, such officer shall not be liable for omitting to take such personal property. Such judgment creditor upon demand of the officer holding such execution, upon depositing sufficient security to indemnify the officer taking such personal property, shall recover of the defendant, together with the costs of the execution levy, the reasonable cost of indemnity so deposited.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1964, Act 244, Eff. Aug. 28, 1964
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6010 - Execution; Return; Misconduct of Officer; Civil Liability.

600.6010 Execution; return; misconduct of officer; civil liability.
Sec. 6010.
The officer who makes any sale on execution shall, in his return on the execution, specify the articles sold, and the sum for which each article or parcel was sold; and if he is guilty of any fraud in the sale, or in the return, or unreasonably neglects to pay any money collected by him on such execution, when demanded by the creditor therein, he shall be liable in a civil action, brought by the party injured, for 5 times the amount of the actual damages sustained by reason of such fraud or neglect.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6011 - Effect of Order to Stay Proceedings on Execution.

600.6011 Effect of order to stay proceedings on execution.
Sec. 6011.
When an execution has been issued, an order to stay proceedings thereon shall not prevent a levy on property by virtue of the execution, but shall only suspend a sale thereon until the decision of the proper court upon the matter.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1974, Act 297, Eff. Apr. 1, 1975
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6012 - Execution; Property Bound From Time of Levy.

600.6012 Execution; property bound from time of levy.
Sec. 6012.
Whenever an execution issues against the property of any person, his goods and chattels, lands and tenements, levied upon by such execution, shall be bound from the time of such levy.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6017 - Execution; Personalty.

600.6017 Execution; personalty.
Sec. 6017.
Except as otherwise provided by law, execution may be made against all personal property of the judgment debtor that is liable to execution at common law, including, but not limited to the following:
(1) All abstract books, maps, plats, charts, and other records owned or kept by any person, partnership or corporation for the purpose of furnishing abstracts or information concerning title to lands in this state.
(2) Bills and other evidences of debt, issued and circulated as money unless the creditor accepts them at par value as money collected and paid, in which case they shall not be sold.
(3) Goods or chattels pledged by way of mortgage or otherwise, for the payment of money, or the performance of any contract or agreement, but only as against the pledgor and subject to the lien, mortgage or pledge existing thereon.
(4) In the case of an execution against a corporation, all corporate property.
(5) In the case of an execution against a partnership association, or a member of a partnership association, in that capacity, the personal property of such association or member, but subject to the provisions of section 2 of Act No. 191 of the Public Acts of 1877.
(6) Current money of the United States except that such money shall be taken as money collected and paid, and not sold unless it has a value of more than face value.
(7) Any share or interest of any stockholder in any corporation, that is or may be incorporated under the authority of any law of this state, unless expressly exempted by law.
(8) In the case of an execution against a corporation authorized by law to receive tolls, the franchise and all its rights and privileges, and all the other property of such corporation not otherwise exempted.
(9) The property of joint, and joint and several judgment debtors.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6018 - Execution; Realty.

600.6018 Execution; realty.
Sec. 6018.
All the real estate of any judgment debtor, including, but not limited to, interests acquired by parties to contracts for the sale of land, whether in possession, reversion or remainder, lands conveyed in fraud of creditors, equities and rights of redemption, leasehold interests including mining licenses, for mining ore or minerals, but not including tenancies at will, and all undivided interests whatever, are subject to execution, levy and sale except as otherwise provided by law.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6021 - Judgments; Nonissuance of Execution.

600.6021 Judgments; nonissuance of execution.
Sec. 6021.
No execution may issue upon a judgment against:
(1) Any township, village, city, or against the trustees or common council, or officers thereof where the action is prosecuted by or against them in their name of office;
(2) Any corporate body or unincorporated board, having charge or control of any state institution;
(3) Any school district;
(4) Any county or the board of supervisors or any county officer in an action prosecuted by or against him in his name of office.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6022 - Persons Whose Property Is Exempt.

600.6022 Persons whose property is exempt.
Sec. 6022.
Executions shall not issue:
(1) In the case of a debt due from a deceased person, against the body or property of his or her personal representative, heir, devisee, or legatee, except for property of the deceased in their hands.
(2) Against the sole property of a joint or joint and several judgment debtor over whom jurisdiction was not acquired.
(3) Against the homestead of a judgment debtor under the prisoner reimbursement to the county act, Act No. 118 of the Public Acts of 1984, being sections 801.81 to 801.93 of the Michigan Compiled Laws.
(4) Against the homestead up to a value of $50,000.00 of a judgment debtor under the state correctional facility reimbursement act, Act No. 253 of the Public Acts of 1935, being sections 800.401 to 800.406 of the Michigan Compiled Laws.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1984, Act 121, Imd. Eff. June 1, 1984 ;-- Am. 1984, Act 405, Imd. Eff. Dec. 28, 1984
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6023a - Property Held Jointly by Husband and Wife; Exemption Under Judgment Entered Against 1 Spouse.

600.6023a Property held jointly by husband and wife; exemption under judgment entered against 1 spouse.
Sec. 6023a.
Property described in section 1 of 1927 PA 212, MCL 557.151, or real property, held jointly by a husband and wife as a tenancy by the entirety is exempt from execution under a judgment entered against only 1 spouse.
History:
Add. 2004, Act 575, Imd. Eff. Jan. 3, 2005
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6024 - Exemptions From Sale on Execution; Taxation; Exception; Purchase Money Mortgage Sale; Effect of Sale of Property.

600.6024 Exemptions from sale on execution; taxation; exception; purchase money mortgage sale; effect of sale of property.
Sec. 6024.
(1) Nothing in this chapter shall be considered as exempting real estate from taxation or sale for taxes.
(2) No specific piece of property either real or personal, is exempt from levy or sale under execution issued upon a judgment rendered for the purchase money for the same property, and any sale of such property after the commencement of an action to recover the purchase price thereof, and the filing of notice as herein required, shall be null and void as against such an execution. The plaintiff in any such suit shall file or cause to be filed with the register of deeds of the county in which the owner of such property resides, a notice in which he shall state the time when such action was commenced, the amount claimed, that the suit was brought to recover the purchase money for the property, a description of the property, and the name of the defendant. At the time of filing such notice, the party filing the same shall pay to the register of deeds the fee authorized by law, and said register shall indorse upon such notice the date of filing the same and make the same record as in the case of a chattel mortgage.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6025 - Execution; Exemptions; Inventory; Appraisal; Expenses.

600.6025 Execution; exemptions; inventory; appraisal; expenses.
Sec. 6025.
(1) When a levy is made upon property of any class or species, which is exempt by law from execution to a specified number, amount or value, the officer levying such execution shall make inventory of so much of such property belonging to the judgment debtor as is sufficient, in the judgment of such officer, to cover the amount of the exemptions and satisfy the execution, and cause such property to be appraised at its cash value, by 2 disinterested freeholders of the township or city where the property is located, on oath to be administered by him to such appraisers.
(2) Where a homestead is claimed and, in the judgment of the officer or the judgment creditor, exceeds in value $3,500.00, the officer shall have the homestead appraised by 6 such appraisers.
(3) The appraisers shall make and sign an appraisal of the value of the property and parts thereof if it can be divided and deliver such appraisal to the officer, who shall deliver a copy of the appraisal to the debtor.
(4) Appraisers are entitled to $2.00 per day each for their services, and 6 cents per mile for traveling, in going only, such amounts to be collected upon execution from the plaintiff in execution.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1963, 2nd Ex. Sess., Act 40, Imd. Eff. Dec. 27, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6027 - Homestead Valued at More Than $3,500; Procedure.

600.6027 Homestead valued at more than $3,500; procedure.
Sec. 6027.
If the homestead of any debtor is appraised at a value of more than $3,500.00, and cannot be divided, the debtor shall not for that reason lose the benefit of the exemption; but in such cases the officer shall deliver a notice, attached to a copy of the appraisal, to the debtor or to some of his family of suitable age to understand the nature thereof, that unless the debtor pay the officer the surplus over and above the $3,500.00, or the amount due on the execution within 60 days thereafter, the premises will be sold.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1963, 2nd Ex. Sess., Act 40, Eff. Dec. 27, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6031 - Execution Sale; Notice.

600.6031 Execution sale; notice.
Sec. 6031.
No sale of any goods or chattels may be made by virtue of any execution, unless at least 10 days' previous notice of such sale is given, by fastening up written or printed notices thereof, in 3 public places in the city or township where such sale is to be had, and specifying the time and place where the sale is to be had.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6032 - Execution Sale; Personalty.

600.6032 Execution sale; personalty.
Sec. 6032.
No personal property may be exposed for sale on execution, unless the same is present and within the view of those attending such sale; and it shall be offered for sale in such lots and parcels as shall be calculated to bring the highest price.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6033 - Execution; Property Partially Exempt; Bond.

600.6033 Execution; property partially exempt; bond.
Sec. 6033.
Whenever a levy is made upon any article, belonging to a class or species which is exempt from execution to a specified amount or value, and the value thereof as determined by the appraisal, is in excess of the amount of the exemption allowed therein to the defendant in execution, levy and sale thereof may be made under the execution in the ordinary way; and unless the amount of the exemption is claimed or set off in other property, or waived, the officer shall pay to the defendant in execution, the amount of such exemption, in money from the proceeds of the sale, and the balance of such proceeds shall be applied towards the satisfaction of the execution. If at the sale no bid is made for such property, in excess of the amount of the exemption allowed therein, such property shall not be sold, but shall be returned to the defendant. If the defendant in execution, before such sale, pays to the officer the difference between the appraised value of such property, and the amount of the exemption therein, not to exceed the amount due on such execution with costs of such levy, to be applied upon the execution, such property shall not be sold, but shall be returned to the defendant: Provided, That if after such officer has completed the levy upon such property, the defendant in execution gives to such officer a sufficient bond, to be approved by him, conditioned that said defendant will deliver said property to such officer or before the time of sale, pay to him the difference between the appraised value of such property, and the amount of his exemption, not to exceed the amount due on such execution with costs accrued, then such officer may permit such defendant to have possession of such property during the period intervening between the making of the levy and the time of sale.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6034 - Execution; Property Subject to Chattel Mortgage.

600.6034 Execution; property subject to chattel mortgage.
Sec. 6034.
The purchaser at a sale of goods or chattels pledged by way of mortgage or otherwise shall be entitled to pay, before foreclosure, to the person holding the mortgage or pledge the amount actually due thereon, or otherwise perform before foreclosure, the terms and conditions of the pledge, and on payment or performance, or on full tender thereof, shall acquire all the right, interest, and property which the defendant in execution would have had in such goods and chattels if no pledge or mortgage had been made.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6035 - Levy on Perishable Property; Sale; Order of Court; Notice.

600.6035 Levy on perishable property; sale; order of court; notice.
Sec. 6035.
(1) Whenever the officer by virtue of any execution issued by a court, levies upon any perishable property, he shall proceed to sell it at such time, place, or manner as he may deem most beneficial for the interest of the defendant.
(2) A sale shall not be made except upon the written order of the court from which process has been issued, authorizing the sale at such time, place, and manner as the court shall judge most beneficial for the defendant. The court shall direct that notice be given to the defendant, or his agent, of the time and place of the sale, and the manner notice shall be given.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1974, Act 297, Eff. Apr. 1, 1975
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6036 - Execution; Growing Grain or Unharvested Crops.

600.6036 Execution; growing grain or unharvested crops.
Sec. 6036.
When a levy is made upon grain while growing, or on any unharvested crops by virtue of any execution, the officer making such levy shall file a notice of said levy in the office of the register of deeds of the county in which such grain or crops are at the time of making such levy; and such register of deeds shall file said notice in his office, in the same manner as he is required by law to file a chattel mortgage; and such notice shall be constructive evidence to all persons of the interest of the plaintiff in the execution, and shall be entitled to the same fees therefor, to be paid by the plaintiff in the execution, and shall be collected as costs in the case, and no sale of said crops or grain may be made until the same are ripe or fit to be harvested, and any levy thereon by virtue of an execution issued from a circuit court, shall be continued beyond the return day thereof, if necessary, and remain in life, and the execution thereof may be completed at any time within 30 days after such grain or other unharvested crops are ripe or fit to be harvested.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6037 - Execution; Corporate Shares; Seizure by Officer; Furnishing Certificates of Shares Held by Defendant; Writ; Record of Transfer; Restraint on Transfer; Dividends After Levy.

600.6037 Execution; corporate shares; seizure by officer; furnishing certificates of shares held by defendant; writ; record of transfer; restraint on transfer; dividends after levy.
Sec. 6037.
(1) No attachment or levy upon shares of stock for which a certificate is outstanding, is valid until such certificate is actually seized by the officer making the attachment or levy, or is surrendered to the corporation which issued it, or its transfer is enjoined or restrained.
(2) The officer of any company who is appointed to keep a record or account of the shares or interest of the stockholders therein or in whose office there is required to be kept any list or statement showing the stockholders of such corporation and the number of shares held by each or their interest therein, is, upon exhibiting to him the attachment or execution, bound to give the officer a certificate of the number of shares or amount of the interest held by the defendant named in such attachment or the judgment debtor.
(3) Whenever any corporate shares of stock are attached or taken in execution, the officer shall leave a copy of the attachment or execution, certified by him, with the clerk, treasurer, cashier or agent of the corporation, if there is any such officer, and if not, then with any officer or person who has at the time the custody of the books and papers of the corporation within this state.
(4) A copy of the execution and the return thereon, certified by the officer executing the same, shall, within 14 days after the sale be left with the officer of the company whose duty it is to keep a record of the transfer of shares; and the purchaser shall thereupon be entitled to a certificate or certificates of the shares bought by him, upon paying the fees therefor, and for recording the transfer.
(5) Any court from which any attachment or execution is issued, shall have full power and authority upon motion, and without notice, to make an order restraining the transfer of any such shares of stock, and upon the service of a certified copy of such order, the same shall be fully effectual.
(6) If the shares or interest of the judgment debtor are attached in the suit in which the execution issued, the purchaser is entitled to all the dividends which have accrued after the levying of the attachment.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6041 - Execution; Fees and Charges of Sale.

600.6041 Execution; fees and charges of sale.
Sec. 6041.
The lawful fees and charges of the sale upon any execution in the manner prescribed in this chapter, shall, in all cases, be added to the amount due on the execution, and be considered as a part thereof for all the purposes mentioned in this chapter.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6042 - Postponement of Sale; Public Declaration; Notice.

600.6042 Postponement of sale; public declaration; notice.
Sec. 6042.
If, at the time appointed for the sale of any real or personal property on execution, the officer shall deem it expedient and for the interest of all persons concerned, to postpone the sale for want of purchasers or other sufficient cause, he may postpone the sale from time to time until the sale is completed. He shall make public declaration thereof at the time and place previously appointed for the sale. Notice thereof shall be given in the same manner as provided in section 6052.
History:
1961, Act 236, Eff Jan. 1, 1963 ;-- Am. 1974, Act 297, Eff. Apr. 1, 1975
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6043 - Execution; Where More Than One Levy.

600.6043 Execution; where more than one levy.
Sec. 6043.
In case of levies made on more than 1 of the executions provided for in section 6005, sale shall only be made on 1 execution at a time, and under the direction of the plaintiff's attorney. No more sales of the property may be made than is necessary to satisfy the judgment.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6044 - Execution; Surplus; Disposition.

600.6044 Execution; surplus; disposition.
Sec. 6044.
If, after any sale made as herein prescribed there remains in the hands of the officer any surplus money after satisfying the writ or writs of execution on which such property was sold, with the interest thereon, the officer shall pay over such surplus to the judgment debtor or his legal representatives on demand.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6045 - Execution; Refusal of Highest Bidder to Take Property; Effect.

600.6045 Execution; refusal of highest bidder to take property; effect.
Sec. 6045.
(1) If the highest bidder for any property at any sale on execution refuses to take and pay for it, he is liable for any loss on resale.
(2) In such case the officer shall sell the property again at the same time, or thereafter, giving notice of the second sale.
(3) The officer conducting the sale may sue to enforce the liability under subsection (1), and may recover in the action the expenses of the second sale, and may tax reasonable attorney fees as costs.
(4) The officer shall account for what he receives on the second sale and for any damages recovered under subsection (1) as for so much received on the execution.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6046 - Execution; Officer Not to Purchase or Be Interested.

600.6046 Execution; officer not to purchase or be interested.
Sec. 6046.
The sheriff or other officer to whom execution is directed, and the deputies of such officers, shall not directly or indirectly, purchase or be interested in the purchase of any property at any sale by virtue of execution.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6047 - Payment by Debtor of Judgment Debtor.

600.6047 Payment by debtor of judgment debtor.
Sec. 6047.
After issuing execution to collect a judgment, any person indebted to the judgment debtor may pay to the officer having the execution the amount of his debt, or so much thereof as is necessary to satisfy the execution, and the receipt of the officer having such execution is a discharge of the indebtedness of such person to the judgment debtor to the extent of the amount so paid.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6051 - Execution Against Real Estate; Effect; Notice; Invalid After 5 Years.

600.6051 Execution against real estate; effect; notice; invalid after 5 years.
Sec. 6051.
No levy by execution on real estate is valid:
(1) Against bona fide conveyances made subsequent to such levy, until a notice thereof, containing the names of the parties to the execution, a description of the premises levied upon, and the date of such levy, is filed by the officer making the levy in the office of the register of deeds of the county where the premises are situated. Such levy is a lien thereon from the time when notice is deposited; and the lien thus obtained is, from the filing of such notice, valid against all prior grantees and mortgagees of whose claims the party interested has neither actual nor constructive notice. The register shall record the same in full upon the records of that office, and make an index to the record, in a manner convenient for public reference, of the names of the parties to the execution as stated in the notice. The officer shall receive for making and recording the notice, the sum of 50 cents, and the register of deeds shall receive the same fee as is allowed by law for recording deeds, which fee the serving officer shall add to the costs to be collected by the execution and in like manner, collect the same. When the execution is fully paid, satisfied or discharged, the clerk of the court who issued execution, shall give to the defendant a certificate, signed by the sheriff and under seal of the court, that the execution is satisfied or discharged; and the certificate may be recorded in the same manner as is notice.
(2) After the expiration of 5 years from making the levy, unless the real estate is sold thereon or within such period.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1965, Act 284, Imd. Eff. July 22, 1965 ;-- Am. 1967, Act 278, Eff. Nov. 2, 1967
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6052 - Notice of Time and Place of Sale.

600.6052 Notice of time and place of sale.
Sec. 6052.
Prior to the sale of any real estate taken on execution, notice of the time and place of holding the sale, the notice to describe the real estate with common certainty by setting forth the name or number of the township in which it is located, and the number of the lot, or by other appropriate description of the premises shall be given as follows:
(1) A written or printed notice shall be displayed in 3 public places in the township or city where the real estate is to be sold at least 6 weeks prior to the sale, and if the sale is in a township or city other than that wherein the premises are located, notice shall also be displayed in 3 public places in the township or city in which the premises are located.
(2) A copy of the notice shall be published once each week for the 6 successive weeks prior to the sale in a newspaper printed in the county in which the premises are located, or, if there is no newspaper, in a newspaper printed in an adjoining county.
(3) If the sheriff or other officer adjourns the sale for more than 1 week, he shall give notice in the newspaper in which the original notice was published and shall continue to publish notices weekly throughout the adjournment. Notice of adjournment must also be displayed for a like period at the place where the sale is to be held.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1974, Act 297, Eff. Apr. 1, 1975
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6053 - Execution; Time, Place, Adjournment.

600.6053 Execution; time, place, adjournment.
Sec. 6053.
(1) The sale of real estate by virtue of any execution shall be by public sale, between the hour of 9 o'clock in the morning and 4 o'clock in the afternoon, at the court house or place of holding the circuit court in the county in which the real estate is situated.
(2) The sheriff or other officer making the sale has the power to adjourn the sale for reasonable cause and for a reasonable period.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6054 - Execution; Irregular Sale; Taking Down or Defacement of Notice; Liability; Irregularities Not to Invalidate.

600.6054 Execution; irregular sale; taking down or defacement of notice; liability; irregularities not to invalidate.
Sec. 6054.
(1) Any officer who sells any real estate, without the previous notice herein directed, or otherwise than in the manner herein prescribed, shall be liable therefor to the party injured, in the sum of $500.00 damages, in addition to any actual damages which such party may prove on the trial of an action brought for the recovery of the same.
(2) If any person takes down or defaces any notice of a sale of real estate, put up by any officer, previous to the day of sale therein specified, unless upon satisfaction of the execution by virtue of which such notice shall have been given, or upon the consent of the party suing out such execution, and of the defendant therein, such person shall be liable therefor to the party in whose favor such execution was issued, in the sum of $50.00 damages.
(3) The omission of any officer to give the notice of sale required in this chapter, or the taking down or defacing any such notice when put up, does not affect the validity of any sale made to a purchaser in good faith, without notice of such omission, taking down or defacing.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6055 - Execution; Certificates, Contents; Filing; Disposition; Recording; Use as Evidence.

600.6055 Execution; certificates, contents; filing; disposition; recording; use as evidence.
Sec. 6055.
(1) Upon the sale of any real estate by virtue of an execution, the officer making the same shall make and subscribe as many certificates of such sale as may be necessary, containing:
(a) A particular description of the premises sold;
(b) The price bid for each distinct lot or parcel sold;
(c) The consideration money paid for each lot or parcel; and
(d) The time when such sale shall become absolute, and the purchaser will be entitled to a deed, as hereinafter provided, and shall indorse on each of said certificates the rate of interest borne by the judgment upon which said execution issued.
(2) One of the certificates shall be delivered to each purchaser at the sale and 1 of the certificates shall, within 10 days after the sale, be filed for record by the officer making the sale, in the office of the register of deeds of the county in which the sale is made; and the register of deeds shall cause the certificate to be recorded in a book kept for that purpose.
(3) The original certificate, or the record thereof, or a transcript of the record, duly certified by the register of deeds shall be prima facie evidence of the facts therein set forth, of the regularity of the sale, and of all proceedings in the cause anterior thereto.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6056 - Separate Exposure of Lots, Tracts, or Parcels for Sale; Sale of Undivided Interest.

600.6056 Separate exposure of lots, tracts, or parcels for sale; sale of undivided interest.
Sec. 6056.
(1) When any real estate offered for sale by virtue of any execution consists of several known lots, tracts, or parcels, such lots, tracts, or parcels shall be separately exposed for sale, and the judgment debtor may direct which piece or parcel shall be first exposed for sale.
(2) No more of the tracts and parcels may be exposed for sale than appear necessary to satisfy the execution, with the costs and expenses of the sale.
(3) When any judgment debtor has an undivided interest with the same parties in several parcels of land, the officer may levy on, advertise, and sell, as a single parcel, the interest of the judgment debtor in any or all of the undivided and unpartitioned tracts or parcels in his bailiwick.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1974, Act 297, Eff. Apr. 1, 1975
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6057 - Execution; Leasehold Interest; Rights of Purchaser; Conveyance; Deposit; Recording; Filing Notice of Levy; Effect; Payment of Rent.

600.6057 Execution; leasehold interest; rights of purchaser; conveyance; deposit; recording; filing notice of levy; effect; payment of rent.
Sec. 6057.
(1) When a leasehold interest is sold on execution, the purchaser is entitled to all the rights and privileges of the defendant in and to the leasehold premises, and may immediately obtain possession thereof from the defendant or person holding under him in the manner provided in the case of an unlawful detainer of lands.
(2) The officer making the sale shall, within 10 days thereafter, execute to the purchaser a conveyance of the leasehold interest, which conveyance, if the unexpired term of such lease then exceeds 3 years, shall be by deed duly executed and acknowledged, as in the case of a conveyance of real estate, which deed shall be deposited with said register of deeds, but shall not be recorded until the expiration of 1 year after the day of sale, and the officer making the sale shall indorse on such deed the date on which it will be entitled to record.
(3) The filing of notice of levy on a leasehold, shall be notice of all the rights acquired by the plaintiff and purchaser at the sale, and the plaintiff in execution or his attorney, shall be thereafter entitled to reasonable notice from the lessor in case the lessor intends to forfeit the lease for any default made by the lessee, or person claiming under him, to the end that the plaintiff shall have a reasonable opportunity to comply with the terms of the lease and save a forfeiture. In case the plaintiff or execution purchaser is compelled to pay any rent due at the date of sale on execution or previous thereto, no redemption may be allowed until the amount so paid is refunded to the plaintiff or execution purchaser, with interest, in addition to the amount for which such leasehold interests may be sold on execution.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6058 - Repealed. 2004, Act 538, Eff. Mar. 30, 2005.

600.6058 Repealed. 2004, Act 538, Eff. Mar. 30, 2005.
Compiler's Notes:
The repealed section pertained to vendor interest in land contract and disposition of payments.
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6059 - Execution; Homestead; Sale in Case Surplus Not Paid.

600.6059 Execution; homestead; sale in case surplus not paid.
Sec. 6059.
In case the surplus, or the amount due on the execution or judgment is not paid according to the provisions of section 6027 of this chapter, it shall be lawful for the officer to advertise and sell the said premises, and out of the proceeds of said sale to pay such debtor the sum of $3,500.00, which shall be exempt from execution for 1 year thereafter, and apply the balance on said execution. No sale may be made in the case last mentioned, unless a greater sum than $3,500.00 is bid therefor, in which case the officer may return said execution for want of property, or report the facts to the court in which said judgment was rendered, as the case may require.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1963, 2nd Ex. Sess., Act 40, Imd. Eff. Dec. 27, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6060 - Execution; Not Made on Equity of Redemption on Certain Judgment; Endorsement on Execution; Direction to Officer.

600.6060 Execution; not made on equity of redemption on certain judgment; endorsement on execution; direction to officer.
Sec. 6060.
(1) When judgment is recovered for a debt or any part of a debt secured by mortgage of real estate, there can be no sale of the equity of redemption in such estate, by virtue of any execution upon such judgment.
(2) Whenever any execution against the property of the defendant is issued on such a judgment, the plaintiff or his attorney shall indorse on such execution a brief description of the mortgaged premises with a direction not to levy upon said premises or any part thereof and if execution cannot be collected from the other property of the defendant, the officer shall return the same unsatisfied.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6061 - Execution; Rights of Purchaser.

600.6061 Execution; rights of purchaser.
Sec. 6061.
When any sale, by virtue of any execution, or attachment, becomes absolute, the purchaser at such sale acquires all the rights and interests that the debtor had in and to the realty sold at the time of the levy by virtue of the execution or attachment; including in either case the right to enforce specific performance of any contract upon performing the conditions thereof as stipulated therein by the debtor.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6065 - Acquisition of Interest of Original Purchaser; Evidence of Right of Creditor to Purchase.

600.6065 Acquisition of interest of original purchaser; evidence of right of creditor to purchase.
Sec. 6065.
To entitle any creditor to acquire the title of the original purchaser, or to become a purchaser from any other creditor, he shall present to and leave with such purchaser or creditor, or the officer who made the sale, or with the register of deeds in whose office the certificate of sale is recorded, the following evidence of his right:
(1) A certified copy of the judgment under which he claims the right to purchase;
(2) A true copy of all the assignments of such judgment, which are necessary to establish his claim, verified by his affidavit, or the affidavit of some witness thereto;
(3) An affidavit by such creditor, his agent or attorney, of the true sum due on such judgment, at the time of claiming such right to purchase.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-60 - Chapter 60 Enforcement of Judgments (600.6001...600.6098) › Section 600.6066 - Acquisition of Interest of Original Purchaser; Transfer of Title; Automation Fund.

600.6066 Acquisition of interest of original purchaser; transfer of title; automation fund.
Sec. 6066.
(1) The sums required to be paid under this act, to acquire the title of the original purchaser or to become a purchaser from any creditor, may be paid to the purchaser or creditor, to his or her representatives or assigns, or to the officer who made the sale for the use of the purchaser or creditor entitled to the sums paid.
(2) If the purchaser of any equity of redemption, or any creditor having acquired the rights of the purchaser, shall pay the debt due on the mortgage, or the amount of any sale of said premises sold on execution, or any part of the property, the amount paid on the mortgage or execution sale shall be paid, with interest, to the purchaser or creditor, in redeeming the premises, or purchasing the rights of the purchaser or creditor, as provided under this chapter.
(3) Upon payment being made, the title of the original purchaser shall be transferred to the creditor acquiring title under the foregoing provisions and from the creditor to any other creditor becoming a purchaser of the property.
(4) If an automation fund is created under section 2568, any fees or charges collected by the register of deeds under this section or section 3140, 3240, or 6062 shall be credited to the automation fund.
History:
1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 2004, Act 538, Eff. Mar. 30, 2005