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Seizing Property to Pay for a Judgment - Self HelpThe following information will take you through the steps necessary
in a proceeding to seize property to collect money on a judgment. To
access any of the necessary forms, simply click on the form number.
To access any of the topics, simply click on the topics. Statutes and Court Rules Statutes and Court RulesStatutes and court rules associated with enforcement of judgments through seizure are: MCL 600.6001 et seq. and MCR 2.621.Using Court FormsCourt 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. See details on how to find legal information >>. When using forms, you are required to provide the total number of copies for use by the court, the parties, and any other person or organization that must receive the form. See the upper-right hand corner of each form to determine the mandatory number of copies and who must receive those copies. When completing a form on-line, you must print the number of copies you will need for filing with the court and service on the parties. Otherwise, you will have to photocopy the proper number of copies before filing the form with the court. 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. Select the forms you need from the list below. Instructions for completing the forms are not available.
Filing a Request to Seize PropertyYou must wait 21 days after your judgment was signed before you can get an order to seize property. Fill in the form using the instructions. Once you complete the Request, you must file it with the court that entered your judgment. The filing fee is $15.00. The court will issue the order. Serving the Order to Seize PropertyThe 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 MoneyThe 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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