Judgement in Michigan

[PayrollHRGuy]

I am curious why the 3 homeowners originally refused to pay the membership fees.

I can think of 500 reasons per year each.

 

[quincy]

I can think of 500 reasons per year each.

Haha. Well, yes. There is that.

 

[zddoodah]

Why do you say that "...a judgment is not an order to pay"?

A judgment is an adjudication that gives the prevailing party (judgment creditor) the right to enforce the judgment in accordance with the applicable state law (e.g., wage garnishment, bank levy, etc.). A judgment is not a mandate that obligates the judgment debtor to pay, and there are no consequences to not paying a judgment other than those that flow from the existence of the judgment. In other words, you can't be fined or imprisoned for failing to pay a civil money judgment. By contrast, if "the judge ordered them to pay the dues plus court costs," as the OP wrote, then they would be legally obligated to pay, and failure to do so could be enforced by seeking a citation for contempt. While a judgment could also include an order, I'm doubtful that the OP's corporation has anything other than an ordinary civil money judgment.

 

[quincy]

It appears to be a civil money judgment and nothing more.

 

[Zigner]

A judgment is an adjudication that gives the prevailing party (judgment creditor) the right to enforce the judgment in accordance with the applicable state law (e.g., wage garnishment, bank levy, etc.). A judgment is not a mandate that obligates the judgment debtor to pay, and there are no consequences to not paying a judgment other than those that flow from the existence of the judgment. In other words, you can't be fined or imprisoned for failing to pay a civil money judgment. By contrast, if "the judge ordered them to pay the dues plus court costs," as the OP wrote, then they would be legally obligated to pay, and failure to do so could be enforced by seeking a citation for contempt. While a judgment could also include an order, I'm doubtful that the OP's corporation has anything other than an ordinary civil money judgment.

Thanks

 

[Litigator22]

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

The dispute seems to be whether or not the award of a money judgment is virtually the same as the judgment creditor being ordered to pay the judgment creditor the face amount of the judgment. How do you consider that a writ of garnishment, which is direct to a third party has any relevance?

 

[quincy]

The dispute seems to be whether or not the award of a money judgment is virtually the same as the judgment creditor being ordered to pay the judgment creditor the face amount of the judgment. How do you consider that a writ of garnishment, which is direct to a third party has any relevance?

I actually answered the question about a judgment not being a court order in an earlier post (post #8). The post you are questioning was in response to Zigner’s later post (post #12). Sorry if that post confused you.