A judicial foreclosure proceeding can be initiated at any time after default on a secured obligation or a judgment which constitutes a lien on real property. The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Michigan Motion for Satisfaction of Money Judgment by Judicial Sale
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How to fill out Motion For Satisfaction Of Money Judgment By Judicial Sale?
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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.
For example, if a defendant issues a written offer of judgment of $30,000 and the plaintiff chooses to let that offer lapse and to go to trial, the plaintiff must receive a judgment in excess of $30,000 to avoid having to pay the defendant's court costs.
Rule 2.309 - Interrogatories to Parties (A) Availability; Procedure for Service; Limits. (1) A party may serve on another party written interrogatories to be answered by the party served or, if the party served is a public or private corporation, partnership, association, or governmental agency, by an officer or agent.
Rule 2.405 - Offers to Stipulate to Entry of Judgment (A) Definitions. As used in this rule: (1) "Offer" means a written notification to an adverse party of the offeror's willingness to stipulate to the entry of a judgment in a sum certain, which is deemed to include all costs and interest then accrued.
Counteroffer: A party may make a counteroffer within the 21 days allotted to respond to the offer of judgment. A counteroffer serves as a rejection to the original offer, as well as a new offer to the party that first submitted the offer.
A money judgment is enforced by a writ of execution, unless the court directs otherwise. The procedure on execution?and in proceedings supplementary to and in aid of judgment or execution?must with the procedure of the state where the court is located, but a federal statute governs to the extent it applies.
If, within 14 days after being served, the opposing party serves written notice accepting the offer, either party may then file the offer and notice of acceptance, plus proof of service. The clerk must then enter judgment.
Use the appropriate form MC 12, MC 13 or MC 52, Request and Writ for Garnishment, to start the garnishment process. A periodic writ of garnishment (form MC 12) is used to garnish the judgment debtor's wages, rent payments, land contract payments, or other debt that is paid to the judgment debtor on a periodic basis.