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Michigan Writ of Restitution After Judgment: MCL 600.5744-5753

After a Michigan court enters a judgment for possession in a summary proceeding, MCL 600.5744 still limits when the writ of restitution may issue. Unless an immediate-writ ground in subsection (3) or the land-contract periods in subsection (4) apply, the writ must not be issued until 10 days after the entry of the judgment. For a judgment based on nonpayment, the writ must not issue if the amount stated in the judgment plus taxed costs is paid “within the time provided.”

The writ and who carries it out

MCL 600.5744(1) says that, subject to the time restrictions of the section, the court entering a judgment for possession shall issue a writ commanding a court officer or bailiff of the issuing court, the sheriff or a deputy sheriff of the county, or an officer of the local law enforcement agency to put the plaintiff “in full, peaceful possession of the premises” by removing all occupants and all personal property, and either leaving the property in an area open to the public or in the public right-of-way, or delivering it to the sheriff as authorized by the sheriff. Under subsection (2), the officer serving the writ determines whether the premises and any personal property are abandoned.

Removing a tenant’s property, changing locks without immediately providing keys, and interrupting essential services are among the acts MCL 600.2918(2) lists as unlawful interference, subject to the exceptions in (3): actual damages or $200, whichever is greater, for each occurrence.

The 10-day wait

MCL 600.5744(5): “If subsections (3) and (4) do not apply, a writ of restitution must not be issued until the expiration of 10 days after the entry of the judgment for possession.” The statute text does not say how weekends or holidays count; the court rules do, and they are outside these files. Ask the court clerk or an attorney, and when in doubt allow extra time.

Immediate writ

Subsection (3) says “On conditions determined by the court,” a writ may be issued immediately after entry of a judgment for possession if any of the following is pleaded and proved, with notice, to the satisfaction of the court:

Judgments based on forfeiture of an executory contract

Subsection (4) is limited to a judgment for possession based on forfeiture of an executory contract for the purchase of the premises. The writ must not be issued until 90 days after entry of judgment if less than 50% of the purchase price has been paid, or until 6 months after entry if 50% or more has been paid. Under subsection (8), issuing the writ after such a forfeiture forecloses any equitable right of redemption the purchaser has or could claim. See a Michigan attorney if a purchase contract is involved.

Payment and the writ

Subsection (7) covers a judgment for possession for nonpayment of money due under a tenancy. The writ “must not be issued if, within the time provided, the amount stated in the judgment, with the taxed costs, is paid to the plaintiff.” For an executory-contract judgment, other material breaches must also be cured. MCL 600.5741 adds that the statement in the judgment is “only for the purpose of prescribing the amount which, together with taxed costs, shall be paid to preclude issuance of the writ of restitution.”

The text does not define “within the time provided”; ask the court clerk.

Appeal and stay

MCL 600.5753 says any party aggrieved by the determination or judgment of the court under the chapter may appeal to the circuit court of the same county, in the same manner as an appeal in other civil actions from the same court, “with bond and procedure as provided by court rules.”

Under 600.5744(6), if an appeal is taken or a motion for new trial is filed before the period during which a writ must not be issued expires, and a bond to stay proceedings is filed, that period is tolled until the disposition of the appeal or motion is final. The text does not give the bond amount or a filing deadline.

If the plaintiff does not prevail

MCL 600.5747 says that if the plaintiff fails to prosecute his complaint, or upon trial or motion is found not entitled to possession, “judgment shall be rendered for the defendant for his costs, which shall be taxed and collected in the same manner as other civil judgments for money in the same court.” The text does not list which costs are taxable.

Other remedies; claims that merge or are barred

MCL 600.5750 says summary proceedings are “in addition to, and not exclusive of, other remedies, either legal, equitable or statutory,” and that a judgment for possession under the chapter “does not merge or bar any other claim for relief.” Exception: a judgment for possession after forfeiture of an executory contract for the purchase of premises merges and bars any claim for money payments due or in arrears under the contract at the time of trial, and if it results in a writ it also bars claims for payments that would have become due after the writ issued.

The section also says a plaintiff who obtains a judgment for possession may bring a civil action for damages from the time of forcible entry or detainer, or trespass, or of the notice of forfeiture, notice to quit or demand for possession, as the case may be. The text does not say whether such damages may be joined in the summary case.

Worked calendar (illustration only)

Date (2026)Event
Fri Oct 30Judgment for possession entered for nonpayment; the judgment states the amount plus taxed costs
Mon Nov 9Tenth day if Oct 31 is counted as day 1
Tue Nov 10Earliest issue date on that count, if no payment, no appeal or motion with a stay bond, and no subsection (3) ground

This count is our illustration, not a statutory rule; if weekends or holidays are excluded, the dates move later.

Common mistakes

When to see a Michigan attorney

Appeals, bonds, stays and the joinder of damages claims run on court rules outside these files. See a Michigan landlord-tenant attorney if the judgment rests on an executory contract, an appeal or stay bond is filed, or you have damages claims beyond possession.

Checked against the text published on legislature.mi.gov on 5 October 2026.

Sources

Related guides

Informational only, not legal advice. Statute text checked against the Michigan Compiled Laws (MCL 554.131 to 554.139, 554.601 to 554.616, 554.631 to 554.641 and 600.2918, 600.5701 to 600.5759) as published at legislature.mi.gov on October 5, 2026. Statutes change and a court may read them differently than a summary does; for a dispute, an eviction or anything expensive to get wrong, talk to a Michigan landlord-tenant attorney.

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