Michigan Property Seizure After Small Claims Judgment: Form MC 19 Explained

When Garnishment Isn't Enough

Wage garnishment and bank garnishment are the most common ways to collect a Michigan small claims judgment. But sometimes the debtor doesn't have wages to garnish or a bank account worth targeting — yet they own a vehicle, equipment, or other tangible property.

That's where Form MC 19 (Request and Order to Seize Property) comes in. It's the enforcement tool for reaching personal property directly.

How Form MC 19 Works

Under MCL 600.6001 and MCR 3.106, a judgment creditor can ask the court for an order authorizing seizure of the debtor's non-exempt personal property. Here's the process:

1. File Form MC 19 with the District Court after the 21-day post-judgment waiting period. The filing fee is $15.

2. The court issues the order. A judge signs the order authorizing seizure of specified property.

3. A court officer or sheriff executes the seizure. This is mandatory — you cannot seize property yourself. Only a sheriff, deputy sheriff, or court officer appointed by the District Court under MCR 3.106 can physically take the debtor's property.

4. The seized property is appraised and sold at public auction. Net proceeds are applied to your judgment balance.

Costs You'll Advance

Property seizure is the most expensive enforcement tool available, and the costs come out of your pocket before any recovery:

• $15 court filing fee
• $55 levy/service fee to the court officer or sheriff under MCL 600.2559
• Mileage at $1.0875 per mile to the seizure location
• Actual expenses — towing (if seizing a vehicle), storage, appraisal, secure holding, and auction advertising costs

You advance all of these. They're added to the judgment balance and recovered first from the sale proceeds. If the auction proceeds don't cover your advanced costs, you absorb the loss on those expenses.

For a small claims judgment under $7,000, the math needs to work. Seizing a vehicle that costs $300 in towing and storage, then sells at auction for $800, nets you $500 minus the $70+ in filing and service fees. That's worth it on a $3,000 judgment. Seizing household goods that auction for $50 after $200 in costs is not.

What Can Be Seized

In principle, any non-exempt personal property of the debtor — vehicles, tools, equipment, electronics, inventory, collectibles. In practice, Michigan's exemptions under MCL 600.6023 narrow the field significantly.

Cannot be seized (exempt property):

• Clothing and wearing apparel for the debtor and family — fully exempt
• Household goods and utensils up to the statutory indexed limit (approximately $1,000–$3,000)
• Tools of trade, profession, or business up to the statutory indexed limit (approximately $1,000–$2,800)
• One vehicle under certain conditions depending on equity
• Professionally prescribed health aids

Commonly seized in practice:

• A second vehicle above the exemption value
• Non-essential equipment or inventory (business assets)
• Recreational vehicles, boats, ATVs
• High-value personal property clearly above exemption limits

Statutory exemptions apply to a seizure. If the debtor claims an item is exempt, resolve the claim through the court process before treating it as available for sale.

The Auction Process

After seizure, the property goes to a public sheriff's auction:

1. The property is appraised to establish a minimum acceptable bid
2. Notice of sale is published (advertising costs are advanced by the creditor)
3. The auction is held — bidding is open to the public
4. Sale proceeds are applied first to the creditor's advanced costs (towing, storage, advertising), then to the judgment balance
5. Any surplus above the judgment balance goes back to the debtor

Auction prices are typically well below retail value. A vehicle worth $5,000 in a private sale might sell for $2,000–$3,000 at a sheriff's auction. Factor this discount into your cost-benefit calculation before requesting seizure.

When Property Seizure Makes Sense

Property seizure is usually a tool of last resort for small claims — not because it doesn't work, but because the costs are highest relative to the judgment amount. It makes the most sense when:

• The debtor has identifiable, valuable personal property above exemption limits
• Wage and bank garnishment have failed or aren't available (debtor is self-employed, paid in cash, or has no bank account)
• The property value clearly exceeds the seizure and auction costs
• The debtor owns a vehicle free and clear with substantial equity

It's less practical when the debtor's property is mostly exempt household goods or when the judgment balance is so low that seizure costs eat most of the recovery.

Combining Tools

Property seizure doesn't have to be your only move. Many creditors use MC 19 alongside other enforcement tools — a judgment lien (MC 94) on real property, a bank garnishment (MC 13) for whatever's in the account, and a property seizure for a specific high-value asset.

The Michigan Judgment Collection Guide walks through each enforcement tool — including when property seizure is worth the cost and how to calculate whether you'll come out ahead after fees, storage, and the auction discount.

See more Michigan guides →