Someone’s knockin’ at the door, somebody’s ringin’ the bell
Someone’s knockin’ at the door, somebody’s ringin’ the bell
Do me a favour open the door and let’em in.

From “Let ‘Em In,” by Paul McCartney and Wings

While Paul McCartney is a former member of the greatest rock-and-roll band of all time, and while it’s also true he was knighted by Queen Elizabeth in 1997 (and should be given some amount of respect we suppose) – the fact is that he’s not a lawyer, and in the situation we’re about to discuss, a request to “let ‘em in” should be brazenly ignored.

Here is a familiar call from a distraught potential client: “The creditor got a judgment, and the court officer or sheriff came to my door looking to collect. What can they do? What should I do?  Do I have to let them into my home?”

Well, you ignored the summons and complaint, a default judgment was entered, and now the credit card company is trying to collect. A writ of execution is sought by the creditor and signed by the court, and the officer is at the door of your home looking for payment by seizing and selling your personal property.

Whatever the officer might say to you – DO NOT OPEN THE DOOR! If you do open the door and realize your mistake, then REFUSE ENTRY BY THE OFFICER NO MATTER WHAT HE OR SHE SAYS!  Do not listen to an officer who tells you that you must let him in – this is simply not true.

The Michigan Supreme Court has protected the dwelling (i.e. – your homestead), and only the dwelling, from entry by officers trying to collect on a civil judgment. Vanden Bogert v. May, 334 Mich. 606 (1952).  The reason behind this rule is for protecting the peace.  An officer trying to execute on a judgment may not forcibly enter the dwelling. The officer can only enter if you “let ‘em in.” Once you let the officer in, he or she may then break into any room, safe, etc. to get at property to collect.

This exemption from execution only applies to the home. It does not extend to other buildings on the property which are not part of the home (e.g. – a detached garage, barn, or shed). See the case of Silverman v. Stein, 242 Mich. 64 (1928) (a garage within the curtilage but not attached to the home could be forcibly entered to seize an automobile).

But know this, an officer can break into other buildings and structures that are not part of the home (including detached garages) to get at property (e.g. – the car in that detached garage).  They may also take personal property that is left out in the open (e.g. – the car sitting in the driveway).

While there is no absolute protection from all forms of execution, and this article is limited to personal property within the home, and does not discuss the execution and levy against real property, corporate shares, pensions, bank and stock accounts, etc., it behooves the debtor to know their rights – and when it comes to your home, don’t take legal advice from Paul McCartney.