A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5744 (MCL 600.5744), as amended by 2019 PA 2.
The bill focuses on the civil procedure related to evictions, particularly adjusting the redemption time period for tenancy. It outlines the procedures for issuing a writ of restitution after a judgment for possession in summary proceedings, detailing the roles of court officers, bailiffs, sheriffs, and law enforcement in restoring possession to plaintiffs. This includes the removal of occupants and personal property under certain conditions, such as non-compliance with housing laws, unlawful possession, or creating health hazards. The bill sets specific timelines for issuing writs based on payment percentages of property purchase prices and clarifies the impact of appeals or motions for new trials on these timelines. Additionally, it specifies that a writ of restitution will not be issued if the judgment amount and costs are paid and other contract breaches are cured within the provided time. Importantly, the issuance of a writ following a judgment for possession due to forfeiture of a purchase contract eliminates any equitable right of redemption for the purchaser.
Co-sponsored by Reps.
Referred to the Committee on Economic Development and Small Business
