600.6008 Execution; set-off; balance on appeal.

239 words·~1 min read·/mi/chapter-600/600-6008

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 6008.

(1)Executions between the same parties may be set off one against another, if required by either party as follows:

(a)When 1 of the executions is delivered for service, the person who is the debtor therein may deliver his execution to the serving officer and it shall be applied, as far as it will extend, to the satisfaction of the first execution; and such application shall be indorsed on each execution. Only the balance due on the larger execution may then be collected and paid in the same manner as if there had been no set off.

(b)Such set off shall not be allowed unless all the parties are mutual debtors and creditors. Nor shall set off be allowed where the sum due on the first execution shall have been lawfully assigned to another person before the creditor in the second execution becomes entitled to the sum due thereon, or as to so much of the first execution as may be due to the attorney in that suit for his taxable fees and disbursements.

(2)If, upon an appeal, a recovery for a debt or damages be had by 1 party, and costs be awarded the other, execution shall issue only in favor of the party to whom there shall be a balance due, and for the amount of such balance.

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