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Judgement in Michigan

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mpb329

Junior Member
What is the name of your state? Michigan

I am the vice president of a Domestic non-profit corporation established for the specific purpose of maintaining the "dirt roads" in our community of 30 property owners (snow removal in the winter and grading in the summer). We have bylaws that state that each property owner must pay $500 per year in annual member fees.

Three (3) of the members have refused to pay. We filed a complaint in small claims court and the judge ordered them to pay the dues plus court costs. They told us that they still will not pay. What recourse do we have in Michigan to collect on the judgement?

mike
 


Z

zddoodah

Active Member
mpb329 said:
the judge ordered them to pay the dues plus court costs.
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I'm doubtful that this is accurate. More likely, the court entered a judgment in favor of the corporation and against the individuals, and a judgment is not an order to pay. Please clarify if I'm wrong about that, however.

Assuming I'm right, garnishing wages and levying bank accounts are the most common ways to enforce civil money judgments against individuals.
 
Just Blue

Just Blue

Senior Member
mpb329 said:
What is the name of your state? Michigan

I am the vice president of a Domestic non-profit corporation established for the specific purpose of maintaining the "dirt roads" in our community of 30 property owners (snow removal in the winter and grading in the summer). We have bylaws that state that each property owner must pay $500 per year in annual member fees.

Three (3) of the members have refused to pay. We filed a complaint in small claims court and the judge ordered them to pay the dues plus court costs. They told us that they still will not pay. What recourse do we have in Michigan to collect on the judgement?

mike
Click to expand...
You could place a lien on their property.
 
Zigner

Zigner

Senior Member, Non-Attorney
adjusterjack said:
Watch out, folks, here comes a 20 post argument.

smh
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You're funny.

I meant it as a "real" question. I understand that zddoodah was being pedantic, but there is a reason behind his post. I am curious as to why, legally speaking, a "judgment" is not synonymous with an "order to pay".
 
quincy

quincy

Senior Member
mpb329 said:
What is the name of your state? Michigan

I am the vice president of a Domestic non-profit corporation established for the specific purpose of maintaining the "dirt roads" in our community of 30 property owners (snow removal in the winter and grading in the summer). We have bylaws that state that each property owner must pay $500 per year in annual member fees.

Three (3) of the members have refused to pay. We filed a complaint in small claims court and the judge ordered them to pay the dues plus court costs. They told us that they still will not pay. What recourse do we have in Michigan to collect on the judgement?

mike
Click to expand...
A judgment is a court declaration that a plaintiff is entitled to recover the remedy he sought. In this case, the court has said the corporation has the right to recover from the property owners the money they seek. It is not an “order” to pay but a decision in favor of the plaintiff.

mpb329, you say you have “bylaws” that state each property owner must pay $500 per year in member fees. This $500/member fee goes ONLY toward road maintenance?
 
quincy

quincy

Senior Member
The judgment creditor must first get a writ of garnishment. The writ of garnishment IS a court order.
 
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