600.6079 Civil arrest; discharge.

288 words·~1 min read·/mi/chapter-600/600-6079

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

Sec. 6079.

The judgment debtor may avoid commitment or be discharged from commitment by:

(1)Paying the amount due on the judgment with interest and costs; or

(2)Making a general assignment of all his property for the benefit of his creditors; or

(3)Obtaining a judgment in his favor on appeal of the judgment creditor's judgment; or

(4)Entering into a bond to the plaintiff in an amount of twice the sum of the judgment, interest and costs, giving such surety as shall be approved by the committing officer, and conditioned that within 30 days of the hearing the judgment debtor will file a petition for adjudication in bankruptcy, under the federal bankruptcy law, and diligently prosecute the same until he obtains a discharge, and that he will not, before obtaining such discharge in bankruptcy, in any way dispose of any money, property, or rights in action, or interest in any public or corporate stock, or evidence of debt, or anything valuable whatever, which he possessed at the time of such arrest, not exempt from execution; or

(5)Entering into a bond to the plaintiff in an amount of twice the sum of the judgment, interest and costs, giving such surety as shall be approved by the committing officer, and conditioned that within 6 months of the hearing, the judgment debtor shall pay the judgment, interest and costs; or

(6)Posting bail as prescribed in section 6080; or

(7)The failure of the judgment creditor to pay the judgment debtor's board in advance as required by section 6082; or

(8)The expiration of 90 days if the arrest was to recover a fine or penalty.

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