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Seizing-Property

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Seizing Property

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COURT\ElGaroushiA

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Seizing Property to Pay for a Judgment - Self Help

 

The following information will take you through the steps necessary in a proceeding to seize property to collect money on a judgment.

 

Statutes and Court Rules

Statutes and court rules on seizing property to enforce a money judgment are MCL 600.6001 et seq. and MCR 2.621.

 

Using Court Forms

Court forms are available for use in proceedings to seize property. These forms follow the procedures stated in the Michigan Compiled Laws and Michigan Court Rules and can be used without the assistance of an attorney.  Instructions for completing the forms are not available.

 

When completing a form online, you must print the number of copies you will need for filing with the court and serving on the parties.  See the upper right-hand corner of each form for this information.  If you do not provide the court with the correct number of copies, the court might reject the form for nonconformance under the authority of Michigan Court Rule 8.119(C). Unless specifically required by court rule or statute, the court is not responsible for making copies of forms for you.

 

Filing a Request to Seize Property

You must wait 21 days after your judgment was signed before you can get an order to seize property. Once you complete form MC 19, Request and Order to Seize Property, you must file it with the court that entered your judgment. The filing fee is $15.00. The judge will sign the order.

 

Serving the Order to Seize Property

The court will issue the order by signing the form. The Request and Order to Seize property must be served on the person who owes money on the judgment. The order to seize property can only be served (executed) by a court-appointed officer.
 

Receiving Money

The court-appointed officer must file reports with the court and notify the parties of all property that is seized and any payments that have been made from that property. The court-appointed officer will use form MC 82, Partial Payment Receipt and Inventory of Seized Property, and form MC 83, Report of Collection Activity Under Order to Seize Property, to do this. Any property that is seized will be sold and the money given to you. The court officer who seized the property is entitled to fees, which will be deducted from the sale of the property.

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Content Type: MSC Layout
Version: 7.0
Created at 7/25/2012 12:05 PM by COURT\ElGaroushiA
Last modified at 9/29/2012 10:56 PM by COURT\ElGaroushiA