Plain-Language Summary

Michigan law allows courts to require proposed sureties to depose under oath regarding their financial status and any existing judgments. When real estate is used as surety, a lien is automatically attached to the property upon the execution of a recognizance, and this lien remains until the recognizance is released or court order. The law also mandates recording a notice of lien with the county register of deeds to provide public notice of the lien.

Frequently Asked Questions

A judge can require the surety to depose under oath about their financial condition, whether they are already a surety elsewhere, and about any unsatisfied judgments or executions against them.

A lien is automatically attached to the real estate described in the affidavit of justification when a recognizance is executed, and it remains until the recognizance is released or court order.

The clerk of the court records a notice of lien with the county register of deeds immediately after the recognizance is filed, providing public notice of the lien.

No, a lien upon real estate is not required for minor offenses according to Michigan law.