Michigan > Statewide > Motor Vehicle Offenses
Petition Regarding Impoundment Of Motor Vehicle Or Seizure Of Motorcycle DC 90 - Michigan
| Petition Regarding Impoundment Of Motor Vehicle Or Seizure Of Motorcycle Form. This is a Michigan form and can be used in Motor Vehicle Offenses Statewide . |
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Approved, SCAO Original - Court 1st copy - Petitioner 2nd copy - Respondent 3rd copy - Towing agency 4th copy - Vehicle custodian STATE OF MICHIGAN JUDICIAL DISTRICT PETITION REGARDING IMPOUNDMENT OF MOTOR VEHICLE OR SEIZURE OF MOTORCYCLE CASE NO. Court address Court telephone no. Petitioner's name, address, and telephone no. Respondent's name, address, and telephone no. v NOTE: The petitioner must be the owner of the vehicle. NOTE: The respondent may be a police agency or a towing company. See instructions on other side PETITION 1. The petitioner requests a court hearing to determine a. whether a vehicle owned by the petitioner was properly deemed abandoned or removed according to law. b. the reasonableness of towing/storage fees. c. whether a motorcycle owned by the petitioner should be returned according to law. 2. For purposes of providing notice of hearing, the name and address of the a. towing agency are: b. secured party are: c. private property owner who requested removal of the vehicle are: 3. The vehicle is described as follows: 4. The vehicle described above was by order of Police agency Year and make Vehicle identification number License: on Date Year Number State seized removed . have Notice received have not Date . 5. Towing/storage fees in the amount of $ the vehicle. The custodian's name and address are been paid to the custodian of . 6. Bond was posted in the amount of $40.00 plus the amount of the accrued towing and storage fees. 7. The petitioner requests damages, costs, and actual attorney fees of $ Date Petitioner . For Court use only NOTICE OF HEARING Date A hearing on the above petition will be held on at Time at Location . Persons with knowledge of the facts should appear at this hearing. Date Judge/Deputy clerk CERTIFICATE OF MAILING I certify that on this date I served a copy of this notice on the parties, the towing agency, and any other person required to receive notice by first-class mail addressed to their last-known addresses as defined by MCR 2.107(C)(3). Date Deputy clerk MCL 257.230a, MCL 257.252a, MCL 257.252b, MCL 257.252f, MCL 257.606, MCL 257.673, MCL 257.742 DC 90 (3/11) PETITION REGARDING IMPOUNDMENT OF MOTOR VEHICLE OR SEIZURE OF MOTORCYCLE American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS: 1. If you wish to contest that this vehicle has been properly deemed abandoned or removed, or the reasonableness of the towing and daily storage fees, complete items 1 through 7 of the petition and request a hearing with the court. (If the motor vehicle was removed by a private property owner and the removal was not authorized by a police agency, do not include a police agency in item 4 of the petition.) The petition, filing fee, and other applicable fees must be filed with the court either by mail or personal appearance within 20 days of the date of the notice that the vehicle was taken into custody. You must bring proof of ownership of the vehicle to the hearing. WARNING: Failure to redeem the vehicle or request a hearing within 20 days after the date of the notice may result in termination of all rights of the owner and the secured party to the vehicle. 2. If you wish to request that a motorcycle seized by a police officer and held longer than 30 calendar days be returned, complete items 1, 2, 4, and 7 of the petition and request a hearing with the court. The hearing date must be within 10 days from the date of the filing of the petition. You must bring proof of ownership of the vehicle to the hearing. 3. Upon filing this petition, the court will: a. Schedule a hearing within 30 days for the purpose of determining whether the police agency, towing agency or custodian, or private property owner acted properly. b. Notify the owner, towing agency or custodian, and police agency, or if the vehicle was removed from private property, notify the private property owner, of the time and place of the hearing. (MCL 257.252f[1]) 4. The matter shall be resolved after the hearing conducted by the court. You may obtain release of an impounded vehicle before the hearing in one of the following ways. a. Post with the court a towing and storage bond plus the accrued towing and storage fees. b. Pay to the court a statutory fee and the towing and storage fees. If the court finds that the vehicle was not properly deemed abandoned or removed, you will be reimbursed for the towing and storage fees according to law, and the abandoned vehicle fee will be returned. 5. Abandoned vehicle means either of the following. a. A vehicle that has remained on private property without the consent of the owner. b. A vehicle that has remained on public property for a period of not less than 48 hours as follows: 1) A vehicle that has remained on a state trunk line highway for a period of not less than 18 hours if a valid registration plate is affixed to the vehicle. 2) A vehicle that has remained on a state trunk line highway if a valid registration plate is not affixed to the vehicle. (MCL 257.252a[2]) Registered abandoned scrap vehicle means a vehicle that meets all of the following. a. Is on public or private property. b. Is 7 or more years old. c. Is apparently inoperable or is extensively damaged, to the extent that the cost of repair so that it is operational and safe would exceed the fair market value of the vehicle. d. Is currently registered or titled in Michigan or displays current year registration plates from another state. (MCL 257.252b[1][a]) Unregistered abandoned scrap vehicle means a vehicle that meets all of the following. a. Is on public or private property. b. Is 7 or more years old. c. Is apparently inoperable or is extensively damaged, to the extent that the cost of repair so that it is operational and safe would exceed the fair market value of the vehicle. d. Is not currently registered in Michigan and does not display current year registration plates from another state. (MCL 257.252b[1][b])
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