REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.6110 Subpoena requiring appearance of judgment debtor or person having money or property of judgment debtor; affidavit; examination; adjournment; immunity.
Sec. 6110.
(1) Upon an affidavit, showing to the satisfaction of the judge that any person has money or property of the judgment debtor, or is indebted to him, the judge may issue a subpoena requiring the judgment debtor or the person or both to appear at a specified time and place, and be examined on oath, and to produce for examination any books, papers, or records in his or its possession or control which have or may contain information concerning the property or income of the debtor.
(2) A corporation shall attend by and answer under the oath of an officer thereof, and the judge may, in his discretion, specify the officer. Either party may be examined as a witness in his own behalf, and may produce and examine other witnesses as upon the trial of an action. The judge may adjourn any proceedings under this chapter from time to time as he thinks proper.
(3) A party or witness examined under these provisions may not be excused from answering a question on the ground that his answer will tend to show him guilty of the commission of a fraud, or prove that he has been a party or privy to, or knowing of a conveyance, assignment, transfer, or other disposition of property for any purpose, or that he or another person claims to have title as against the judgment debtor or to hold property derived from or through the judgment debtor, or to be discharged from the payment of a debt which was due to the judgment debtor or to a person in his behalf. But an answer cannot be used as evidence against the person so answering in any criminal proceeding or action, except for perjury in making the answer.
History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1974, Act 297, Eff. Apr. 1, 1975
Notes of Decisions
Cited in
14
cases (
4 in the last 5 years), 1975–2026 · leading case:
Green v. Ziegelman, 767 N.W.2d 660 (Mich. Ct. App. 2009).
Green v. Ziegelman, 767 N.W.2d 660 (Mich. Ct. App. 2009).
“See MCL 600.6110, 600.6116, 600.6119, 600.6122, and 600.”
Comerica Bank v. Esshaki, 314 F. Supp. 3d 832 (E.D. Mich. 2018).
“Under subsection (2) of that statute, a court may "[p]revent the transfer of any property, money, or things in action, or the payment or delivery thereof to the judgment debtor.”
In Re Goehring, 457 N.W.2d 375 (Mich. Ct. App. 1990).
“” MCL 600.6110(2); MSA 27A.6110(2). Thus, the district court in this case could continue the postjudgment proceedings as necessary to enforce the judgment.”
People v. Parsons, 371 N.W.2d 440 (Mich. Ct. App. 1985).
“2155; supplementary proceedings, MCL 600.6110; MSA 27A.6110. Statutes in the penal code refer to a witness "required” to testify: conspiracy, MCL 750.”
Lindhout v. Ingersoll, 228 N.W.2d 415 (Mich. Ct. App. 1975).
“3165 (foreclosure actions), MCLA 600.6110; MSA 27A.6110 (discovery of judgment debtor’s assets), MCLA 712A.”
Gale v. Gen. Motors, 556 F. Supp. 2d 689 (E.D. Mich. 2008).
“§ 600.6110 (authorizing state judge to subpoena judgment debtor and judgment debtor’s records concerning his property or income); id.”
In re Curtis, 596 B.R. 624 (Bankr. W.D. Mich. 2019).
· cites it 2× “On May 24, 2018, the District Court entered an order requiring the Debtor and Curtis to appear for examinations on June 26, 2018 pursuant to Mich. Comp. Laws § 600.6110 (1). Although the District Court enjoined Curtis from making any transfers or disposing of any assets as part…”
Motley v. Metro Man I, Inc. (E.D. Mich. 2023).
· cites it 2× “” Under MCL §600.6110, the judge may issue a subpoena requiring [that] the judgment debtor .”
Motley v. Metro Man I, Inc. (E.D. Mich. 2023).
· cites it 2× “” Under MCL §600.6110, the judge may issue a subpoena requiring [that] the judgment debtor .”
— Mich. Comp. Laws § 600.6110(1) — 2 cases
Comerica Bank v. Esshaki, 314 F. Supp. 3d 832 (E.D. Mich. 2018).
“Under subsection (2) of that statute, a court may "[p]revent the transfer of any property, money, or things in action, or the payment or delivery thereof to the judgment debtor.”
— Mich. Comp. Laws § 600.6110(2) — 2 cases
In Re Goehring, 457 N.W.2d 375 (Mich. Ct. App. 1990).
“” MCL 600.6110(2); MSA 27A.6110(2). Thus, the district court in this case could continue the postjudgment proceedings as necessary to enforce the judgment.”
— Mich. Comp. Laws § 600.6110(3) — 2 cases
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