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Jagcorps_esq
Jagcorps_esq, Lawyer
Category: Real Estate Law
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How far can the court officer go to collect property loss in

Resolved Question:

How far can the court officer go to collect property loss in a default judgement? Can the officer break into your property, or break a lock off of your door to seize something?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Jagcorps_esq replied 1 year ago.

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

 

Go here to read quite a bit about property seizure.

 

http://mcbaonline.com/UserFiles/File/ICLE%20-%20Judgment%20Liens%20by%20M%20Buckles.pdf

 

The court won't order property seizure until 20 days following a judgment, giving the debtor time to make amends on their own.

 

If there is an order of seizure, it is executed by the Sheriff who can enter the property essentially with the same power as a search warrant.

Customer: replied 1 year ago.

There has be a default judgement and not a seize of property just to clarify.


 


Can the court officer break the locks off of the building and enter to get a copy machine?


 


Can the court officer knock the doors down to gain entry?

Expert:  Jagcorps_esq replied 1 year ago.

Sorry for the delay. The question was locked in "real estate" law for a while, but that is not the appropriate section.

 

This concerns property collection and not real estate.

 

Now, Michigan courts have protected a person's home from having the police enter to collect. If the sheriff tries to enter a home to find property, once they are in they can search just like as they would with a search warrant. They can break locks and knock down doors, but only once permitted inside.

 

For any other building than the actual home, they can break in to complete a writ of execution which can follow after a default judgment.

 

So, don't let people in your home, even if they say they can come in.

Customer: replied 1 year ago.


The building is a church. Is the writ of execution a seperate document?

Expert:  Jagcorps_esq replied 1 year ago.

The writ of execution is something that the court can order 20 days following the judgment....to allow property seizure.

 

A church is not a home, so once they have a writ of execution, they can literally kick in the doors if need be.

Jagcorps_esq, Lawyer
Category: Real Estate Law
Satisfied Customers: 15654
Experience: Attorney with years of experience in a wide range of legal matters.
Jagcorps_esq and 7 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.


Wow! Thank you...

Expert:  Jagcorps_esq replied 1 year ago.
No problem. Take care.

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