Landlord/Tenant - What are the time frames regarding writs of restitution?

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Question

I'd like to get confirmation of some time frames in regard to writs of restitution. If a judgment has been made in favor of a landlord then the landlord needs to wait 10 days until the writ can be filed if the tenant does not comply.

1) After the judgment has been made how long is it effective for? I've read 10 years?

2) Does the writ need to be filed within a certain time period after the judgment?

3) How long is the writ valid once it has been obtained? I've read 56 days from judgment date?

4) If the writ has been granted but has not been used within a time frame (56 days?) can it simply be filed for again or does the landlord need to start the process over and get a new judgment?

Answer

1. A regular money judgment is valid for ten years and may be renewed. A small claims judgment is good for six years.

2. If a writ is sought more than 56 days after a possession judgment is entered a hearing must be held.

3. A writ must be executed within 56 days from issuance unless a hearing is held on the writ.

4. If a writ is not used within the required time it might be canceled in which case a new case would have to be filed.

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Last Updated: 11-16-07

Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49014 or e mail to pharter@calhouncountymi.gov