Hall v. Hall

• Court: United States Bankruptcy Court, E.D. Michigan
• Decided: August 17, 2020
• Docket: 13-05372
• Status: Unknown

Opinion

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: Case No. 13-56279 RECHELA PATRICE HALL, Chapter 13 Debtor. Judge Thomas J. Tucker / RICHARD B. HALL, and PEGGY A. HALL, Plaintiffs, v. Adv. No. 13-5372 RECHELA PATRICE HALL, Defendant. / OPINION AND ORDER DENYING PLAINTIFFS’ REQUEST FOR ORDER TO SEIZE PROPERTY On May 27, 2014, the Court entered a $30,000.00 consent judgment against Defendant Rechela Hall, and in favor of the Plaintiffs (Docket # 59, the “Consent Judgment”). Recently, Plaintiffs submitted to the Clerk a document entitled “Request [For] Order to Seize Property,” which, in relevant part, requests that this Court enter an order requiring “any sheriff, deputy sheriff, or authorized court officer” to “[s]eize and sell, according to law, any of the personal property (as determined by the officer) of [the Defendant] . . . that is not exempt from seizure, as will be sufficient to satisfy” the debt arising out of the Consent Judgment, and to take certain other actions. (A copy of the request is attached to this Opinion and Order, for reference purposes.) The Court must deny Plaintiffs’ request, because this Court does not have authority to order a state sheriff or other state court officer to collect a judgment of this Court. See Reid v. McNeil (In re McNeil), 569 B.R. 274, 275 (Bankr. E.D. Mich. 2017); see also Hauk v. Valdivia (In re Valdivia), 520 B.R. 95, 97 (Bankr. E.D. Mich. 2014), aff’d, No. 14-14429, 2015 WL 1015127 (E.D. Mich. Mar. 3, 2015) (“This Court has no authority to direct a state officer to serve

and execute on a writ of execution. Only an appropriate state court would have such authority.”). In McNeil, this Court stated the following, relying on its ruling in Valdavia: In Hauk v. Valdivia (In re Valdivia), 520 B.R. 95, 97 (Bankr. E.D. Mich. 2014) (footnote omitted), [a]ff’d, No. 14-14429, 2015 WL 1015127 (E.D. Mich. Mar. 3, 2015), this Court stated: [T]he Court concludes that only the United States Marshals Service may serve and execute on a writ of execution issued by this Court. No state court officer may do so. See Branch Banking & Trust v. Ramsey, 559 Fed.Appx. 919, 924 (11th Cir.2014) (interpreting 28 U.S.C. § 566(c) to mean that “only a U.S. marshal may execute the federal writ of execution by levying on and selling [a judgment debtor defendant's] property”). This Court has no authority to direct a state officer to serve and execute on a writ of execution. Only an appropriate state court would have such authority. The Court explained further that: if [the p]laintiff’s counsel wants to use a state court officer to execute on a writ of execution, he can only accomplish that by domesticating this Court's September 3, 2014 default judgment in an appropriate Michigan court, and then have that Michigan court issue its own writ of execution, which a state court officer can then serve. Plaintiff can file an authenticated copy of this Court’s judgment in the office of the clerk of a circuit, district, or municipal court in the state of Michigan under the “Uniform Enforcement of Foreign 2 Judgments Act.” Mich. Comp. Laws Ann. §§ 691.1171–691.1179. That Michigan law provides, in relevant part: Sec. 3. A copy of a foreign judgment authenticated in accordance with an act of congress or the laws of this state may be filed in the office of the clerk of the circuit court, the district court, or a municipal court of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the circuit court, the district court, or a municipal court of this state. A judgment filed under this act has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of the circuit court, the district court, or a municipal court of this state and may be enforced or satisfied in like manner. Mich. Comp. Laws Ann. § 691.1173 (bold emphasis added). As used in this statute, “foreign judgment” includes a judgment of the United States Bankruptcy Court—it “means any judgment, decree, or order of a court of the United States or of any other court that is entitled to full faith and credit in this state.” Mich. Comp. Laws Ann. § 691.1172. Valdivia, 520 B.R. at 97–98. McNeil, 569 B.R. at 276 (bold in original). Thus, Plaintiffs may domesticate their Consent Judgment in an appropriate state court, and pursue collection of the Consent Judgment in that court. Or alternatively, Plaintiffs may file a request for this Court to issue a writ of execution directed to the United States Marshal. 3 Accordingly, IT IS ORDERED that the Plaintiffs’ Request [for] Order to Seize Property” is denied, without prejudice to Plaintiffs’ right to file a request for a writ of execution directed to (and only to) the United States Marshal.

Signed on August 17, 2020 Cry. fy Am /s/ Thomas J. Tucker By ii ze 42 Thomas J. Tucker “yee «=—s«CUnnnited States Bankruptcy Judge

Original - Court 2nd copy - Defendant Approved, SCAO ist copy - Officer 3rd copy - Plaintiff STATE OF MICHIGAN CASE NO. JUDICIAL DISTRICT REQUEST AND ORDER TO 43-05372-tit . JUDICIAL CIRCUIT SEIZE PROPERTY US Count Court address Court telephone no. W. Second Street, Flint, Ml 48502 20E03767 Plaintiff name(s), address(es}, and felephone no(s). Defendant name(s), address(es}, and telephone no(s). Richard B. Hall, and Peggy A. Hall □ Rechela Hall lo Goodnan ost PLLC 20035 Cheyenne Street 2.6300 WS) VOEMdle Rd. S| Detroit, Ml 48235-1156 omnGeld OY REQUEST AND VERIFICATION {. received judgment against defendant for$ 30,900.00 on May 27, 2014 2. The total amount of judgment interest accrued to date is $ 5,796.91 . The total amount of postjudgment costs accrued to dateis $0.00 The total amount of postjudgment payments made and credits to date is $_0.00 . The amount of the unsatisfied judgment now due (including interest and costs) is * $ 35,796.94 *Statutory interest, officer/sheriff fees, and expenses may be charged in addition to the unpaid judgment balance, according to law. 3. The plaintiff asks the court to issue an order to seize the property of the following defendant(s): RachelaHall OEIC Name Date of birth (if available} Name Date of birth (if available) > 8-11-2020 [ SF. 1) P40616 Date Plaintiff/Att igrature Bar no. W12 Mile Road Suite101_ Southfield M4807 □□□□□□□□□□ Address City State Zip Telephone no. ORDER TO ANY SHERIFF, DEPUTY SHERIFF, OR AUTHORIZED COURT OFFICER- YOU ARE ORDERED 1. Seize and sell, according to law, any of the personal property (as determined by the officer) of defendant(s) named above in the Request and Verification that is not exempt from seizure, as will be sufficient to satisfy the plaintiffs demand, costs, and any statutory fees and expenses. Personal property may include, but is not limited to motor vehicles or money, wherever located. 2, \f sufficient personal property of defendant(s) cannot be found within your jurisdiction, seize and sell any of the real property of defendant(s) notexempt from seizure, as will be sufficientto satisfy plaintiff's demand, costs, and any statutory fees and expenses. 3, Collect from the sale of the property enough money to pay all of your statutory fees and statutory expenses. 4, Deposit proceeds of sale withthe = court [Y|plaintiff after deducting statutory fees and statutory expenses. C15. Claim and Delivery Only: Seize the property described in the attached judgment for claim and delivery and deliver to the plaintiff(s); or if the property is not found in the possession of the defendant(s), levy the value of it. 6. You must endorse the month, day, year, and hour that you receive this order, and that time is the effective date of this order. You must return this order not less than 20 days, nor more than 90 days, from the effective date. if you have begun to serve this order on or before the return date, you may complete the service and return after the return date. 7. You may not continue collecting on this order after the return date except as indicated in item 6. 8. be served by Deput Sheriff Scott Hope . Authorized court officer/Deputy sheriff

Date Judge Bar no. ENDORSEMENT: | certify that | received this order on at__o Date Time Authorized court officer/Deputy sheriff TO THE DEFENDANT: The person taking property must provide you with a receipt of all money paid by you andan inventory of the property taken.