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  1. #1
    Join Date
    May 2008
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    3

    Default Who Pays For The Execution Of A Writ Of Restitution

    My question involves an eviction in the state of: Michigan

    As stated in my other recent post, my mother is currently in the process of evicting her boyfriend. He will not leave until an officer escorts him off of the property. Their trial was to be today but the boyfriend had no defense to present at trial so he consented to a judgment in her favor. We were told after 10 she will have to come back and get a writ of restitution signed by the judge. Then we will apparently have to wait another 10 days to get a police man to come remove her boyfriend. Over the 50 days her boyfriend has had since she initially filed he has been bringing more and more stuff on to her property. There is literally tons (probably 6000 to 8000 pounds and 2000 cubic feet) of scrap metal, electronics, junk, non-running cars/parts, etc on her property and he shows no intention of moving any of it. The lady at the court office said that my mom will have to pay to have all of his property removed. I can imagine that this could cost her thousands of dollars and take a minimum of a week. Is it true that this is her responsibility? Does she have to move the property to where he wants it? Does she have to protect the property and move it to somewhere specific? Why he allowed to continue to accumulate junk at her home? By the time the police come he will have had 70 days to move his things and 20 days from now to add more stuff to her property. I just can not understand the incredible unfairness of this all. Any advice and information on the subject will be greatly appreciated as I can find very little on this subject.

    Lindsey

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Who Pays For The Execution Of A Writ Of Restitution

    Unfortunately, it's your mother's responsibility to pay right now. She is responsible for his stuff only to a reasonable extent - she should put his actual possessions into storage under his name, pay for a month, and give him the information so he can fetch it out. If he doesn't - and he's acting like a constipated toddler right now, so he probably won't - the storage company can (and usually will) sell it.

    (The scrap metal? Take all that to a recycling/reclamation facility. Depending on the metals, those can fetch a nice price and thus reimburse your Mom for at least a little of the hassle.)

    She should file for an order prohibiting him from bringing any more crap to the property, and that right quickly.

    When he's gone, she can also take him to small claims court to try to recoup the costs of evicting and cleaning up after him.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Who Pays For The Execution Of A Writ Of Restitution

    You have to be careful about putting somebody's stuff into storage - it's you who will have a contract with the storage facility, so it's you they'll come after for unpaid storage fees.

    Take pictures of everything. I recently helped a landlord who was accused by a tenant of destroying lots of valuable property. The landlord's photographs established that the only things discarded were garbage. The landlord had its own storage shed and put anything that wasn't garbage into storage pending the outcome of the court case; most individuals don't have that latitude.

    With the eviction order, the tenant's belongings can be put out of the house (often curbside) for the tenant to collect. Often from that point they are looted by people who think they're abandoned (or just don't care whose they are), but that's no longer the landlord's problem. It can be costly to use a court officer for this process - but you're supposed to have a court officer present, so look into the comparative cost of providing your own laborers and having the court officer serve as a witness to the eviction.

    If the tenant wants his belongings at a particular place, he can collect them and move them where he wants beforehand, or pick them up when they're curbside. Other than as necessary to evict him, you don't have to move them for him.

  4. #4
    Join Date
    May 2008
    Posts
    3

    Default Re: Who Pays For The Execution Of A Writ Of Restitution

    Thanks so much for your answers. Any information we have now is so helpful especially considering the boyfriend has been evicted many times before and knows how to work the system and we are the eviction novices.

    So after she puts his stuff by the curb how long does he have to claim it before she can have it hauled away? Does she have a legal right at any time to sell any of the stuff, and if so when? He has had so much time already. All of this is of course assuming that all of his stuff will fit on her curb and that the police will allow this in our city, as they have strict laws pertaining to property upkeep and such. (She has already received and had to pay city ordinance violations because of his junk.) I certainly hope she will not be held accountable for moving to and paying for the large storage facility she would need for him. Doesn't he have accountability for his own property?

    She also intends to get a protection order preventing him from coming on to her property after this is all over. Will this take another 70 days? If so should she/can she start filling now?

  5. #5
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Who Pays For The Execution Of A Writ Of Restitution

    So after she puts his stuff by the curb how long does he have to claim it before she can have it hauled away?
    Presumably til the looters have stolen it or the trash collectors come.

    Does she have a legal right at any time to sell any of the stuff
    No.

    She also intends to get a protection order preventing him from coming on to her property after this is all over. Will this take another 70 days?
    No, those move quite a lot quicker. She can have a temporary order put into place nearly immediately upon filing, which remains effective until the hearing to have one for a longer term.

    The moment he is out, she should go file.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Who Pays For The Execution Of A Writ Of Restitution

    Quote Quoting skippitb
    View Post
    All of this is of course assuming that all of his stuff will fit on her curb and that the police will allow this in our city, as they have strict laws pertaining to property upkeep and such.
    The Sheriff's Department, civil division, should have a pretty good idea of what your community does or does not allow. You can contact them (they have a separate, non-emergency listing in the phone book) and ask about their fees and practices.

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