Michigan Compiled Laws

Mich. Comp. Laws § 600.6128 (2026)

Trying title to debt or property; third party claimant; jury.

✓ current as of July 2026

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REVISED JUDICATURE ACT OF 1961

Act 236 of 1961

600.6128 Trying title to debt or property; third party claimant; jury.

Sec. 6128.

(1) Where it appears to the court that:

(a) The judgment debtor may have an interest in or title to any real property, and such interest or title is disclaimed by the judgment debtor or disputed by another person;

(b) The judgment debtor may own or have a right of possession to any personal property, and such ownership or right of possession is substantially disputed by another person; or

(c) A third party is indebted to the judgment debtor, and the obligation of the third party to pay the judgment debtor is disputed; the court may, if the person or persons claiming adversely is a party to the proceeding, adjudicate the respective interests of the parties in such debt or real or personal property, and may determine such property to be wholly or in part the property of the judgment debtor, or that the debt is owed the judgment debtor.

(2) If the person claiming adversely to the judgment debtor is not a party to the proceeding, the court shall by show cause order or otherwise cause such person to be brought in and made a party thereto, and shall set such proceeding for early hearing.

(3) Any person so made a party, or any party to the original proceeding, may have such issue determined by a jury upon demand therefor and payment of a jury fee as in other civil actions if such person would be entitled to a jury trial if the matter was adjudicated in a separate action.

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

Notes of Decisions

Cited in 17 cases (3 in the last 5 years), 1974–2026 · leading case: Estes v. Titus, 751 N.W.2d 493 (Mich. 2008).

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Estes v. Titus, 751 N.W.2d 493 (Mich. 2008). · cites it 5× “Instead, on January 20, 2005, after obtaining a wrongful death award, she moved under MCL 600.6128 to join Swabash in the wrongful death action in an effort to collect the judgment.”

Estes v. Titus, 731 N.W.2d 119 (Mich. Ct. App. 2007). · cites it 14× “On January 20, 2005, in an attempt to collect her judgment, plaintiff asked the trial court to subpoena Julie to appear for discovery regarding the marital assets and to show cause why she should not be made a party to this case pursuant to MCL 600.6128. Plaintiff also requested…”

Presidential Facility, LLC v. Robert Pinkas, 607 F. App'x 473 (6th Cir. 2015). · cites it 7× “69; Mich. Comp. Laws § 600.6128 . The district court denied the motion because Presidential failed to show that the court had personal jurisdiction over the new parties.”

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× “Defendants argue that the district court erred by (1) ruling that the deed merged into the mortgage; (2) failing to determine whether the levy was proper; and (3) failing to afford defendants a jury trial or evidentiary hearing pursuant to Mich. Comp. Laws Ann. § 600.6128 .…”

Cohen v. Bologna, 216 N.W.2d 586 (Mich. Ct. App. 1974). “At the very least, plaintiffs were required to obtain leave of the appointing court which had previously taken jurisdiction of all claims against defendant Hyman Simon before suing the receiver in Macomb County. By their motion of February, 1972, plaintiffs apparently recognized…”

Daws Excavating LLC v. Camp Retreats Found. (Mich. Ct. App. 2018). · cites it 11× “Plaintiff alleged that Camp Retreats’ conveyance of the property was or may have been fraudulent under Michigan’s Uniform Fraudulent Transfer Act (“UFTA”)1 and requested that the trial court add Tawheed and Rajabali as parties to its cause of action under MCL 600.6128.…”

Harbour Towne Marina Ass'n v. Geile, 564 N.W.2d 509 (Mich. Ct. App. 1997). “] See also MCL 600.6128; MSA 27A.6128 (trying title to debt or property); 2 Michigan Basic Practice Handbook (4th ed, 1996 Supp), § 10.”

State Farm Mut. Auto. Ins. Co. v. Max Rehab Physical Therapy, LLC, Maximum Rehab Physical Therapy, LLC, Joseph Labib, & Renee Labib (E.D. Mich. 2026). · cites it 7× “Mich. Comp. Laws § 600.6128 . Specifically, the statute provides in relevant part: (1) Where it appears to the court that: (a) The judgment debtor may have an interest in or title to any real property, and such interest or title is disclaimed by the judgment debtor or disputed…”

In re Curtis, 596 B.R. 624 (Bankr. W.D. Mich. 2019). · cites it 4× “In her response, the Debtor did not address whether she should be joined as a party to the post-judgment collection proceedings pursuant to Mich. Comp. Laws § 600.6128 . The Debtor instead contested the jurisdiction of the District Court and, alternatively, requested dismissal…”

Jan Kay Estes v. Jeff Edward Titus (Mich. 2008). · cites it 3× “Instead, on January 20, 2005, after obtaining a wrongful death award, she moved under MCL 600.6128 to join Swabash in the wrongful death action in an effort to collect the judgment.”

Golden Gibson v. Est. of Virginia Danilowicz (Mich. Ct. App. 2019). “Absent success on at least one of his underlying claims, plaintiff could not prove that he was a creditor of the estate.”

Show all 17 citing cases →

— Mich. Comp. Laws § 600.6128(1) — 1 case

Prime Rate Premium Fin. Corp., Inc. v. Larson (E.D. Mich. 2019).

— Mich. Comp. Laws § 600.6128(1)(a) — 3 cases

Estes v. Titus, 731 N.W.2d 119 (Mich. Ct. App. 2007). “On January 20, 2005, in an attempt to collect her judgment, plaintiff asked the trial court to subpoena Julie to appear for discovery regarding the marital assets and to show cause why she should not be made a party to this case pursuant to MCL 600.6128. Plaintiff also requested…”

Daws Excavating LLC v. Camp Retreats Found. (Mich. Ct. App. 2018). “Plaintiff alleged that Camp Retreats’ conveyance of the property was or may have been fraudulent under Michigan’s Uniform Fraudulent Transfer Act (“UFTA”)1 and requested that the trial court add Tawheed and Rajabali as parties to its cause of action under MCL 600.6128.…”

— Mich. Comp. Laws § 600.6128(2) — 6 cases

Estes v. Titus, 751 N.W.2d 493 (Mich. 2008). “Instead, on January 20, 2005, after obtaining a wrongful death award, she moved under MCL 600.6128 to join Swabash in the wrongful death action in an effort to collect the judgment.”

Presidential Facility, LLC v. Robert Pinkas, 607 F. App'x 473 (6th Cir. 2015). “69; Mich. Comp. Laws § 600.6128 . The district court denied the motion because Presidential failed to show that the court had personal jurisdiction over the new parties.”

Jan Kay Estes v. Jeff Edward Titus (Mich. 2008). “Instead, on January 20, 2005, after obtaining a wrongful death award, she moved under MCL 600.6128 to join Swabash in the wrongful death action in an effort to collect the judgment.”

— Mich. Comp. Laws § 600.6128(l)(a) — 1 case

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