Michigan Compiled Laws

Mich. Comp. Laws § 600.6004 (2026)

Execution against realty; contents.

✓ current as of July 2026

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REVISED JUDICATURE ACT OF 1961

Act 236 of 1961

600.6004 Execution against realty; contents.

Sec. 6004.

Executions against realty shall command the officer to whom they are directed to make execution against the realty of the judgment debtor only after execution has been made against the personal property of the judgment debtor that is in the county, and such personal property is insufficient to meet the sum of money and costs for which judgment was rendered.

History: 1961, Act 236, Eff. Jan. 1, 1963

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1993–2024 · leading case: Ypsilanti Charter Twp. v. Kircher, 761 N.W.2d 761 (Mich. Ct. App. 2008).

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Ypsilanti Charter Twp. v. Kircher, 761 N.W.2d 761 (Mich. Ct. App. 2008). · cites it 3× “Under MCL 600.6004, executions against realty are permitted “only after execution has been made against the personal property of the judgment debtor that is in the county, and such personal property is insufficient to meet the sum of money and costs for which judgment was…”

Souden v. Souden, 844 N.W.2d 151 (Mich. Ct. App. 2013). “MCL 600.6004; MSA 27A.6004. To place a lien against a debtor’s real property, the creditor must deliver the writ of execution and a notice of levy against the property to the sheriff, who then records the notice of levy with the register of deeds to perfect the lien.”

George v. Gelman, 506 N.W.2d 583 (Mich. Ct. App. 1993). “MCL 600.6004; MSA 27A.6004. To place a lien against a debtor’s real property, the creditor must deliver the writ of execution and a notice of levy against the property to the sheriff, who then records the notice of levy with the register of deeds to perfect the lien.”

United States Leather, Inc. v. Mitchell Mfg. Grp., Inc., Now Known as Mitchell Auto., Inc. Mitchell Corp. of Owosso, 276 F.3d 782 (6th Cir. 2002). · cites it 2× “” Mich. Comp. Laws Ann. § 600.6004 . The Mitchell defendants argue for the first time on appeal that a second writ of execution was required to levy against the Clare property, and that the levy was not properly filed with the register of deeds as is required under Michigan…”

Arlene Tracey Moore v. Stephen M Ryan (Mich. Ct. App. 2019). “Defendant has not obtained a judgment or followed the process for executing a judgment under MCL 600.6004, and thus, fails to satisfy the second prong of the George analysis.”

Fouad Dabaja v. Houssam Beydoun (Mich. Ct. App. 2024). “MCL 600.6004; MSA 27A.6004. To place a lien against a debtor’s real property, the creditor must deliver the writ of execution and a notice of levy against the property to the sheriff, who then records the notice of levy with the register of deeds to perfect the lien.”

Richards v. Richards, 368 F. Supp. 2d 817 (W.D. Mich. 2005). “A creditor may execute against real property owned by a debtor only after attempting to execute against the debtor’s personalty and determining that the personal property is insufficient to meet the judgment amount.”

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