Motion For Possession Pending Judgment {MC 36} | Pdf Fpdf Doc Docx | Michigan

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Motion For Possession Pending Judgment {MC 36} | Pdf Fpdf Doc Docx | Michigan

Motion For Possession Pending Judgment {MC 36}

This is a Michigan form that can be used for Claim And Delivery within Statewide.

Alternate TextLast updated: 8/16/2006

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Original - Court 1st copy - Defendant 2nd copy - Plaintiff Approved, SCAO 3rd copy - Return STATE OF MICHIGAN CASE NO. JUDICIAL DISTRICT MOTION FOR POSSESSION PENDING JUDGMENT JUDICIAL CIRCUIT Claim and Delivery Court address Court telephone no.Plaintiff name(s) and address(es) Defendant name(s) and address(es) v Plaintiff attorney, bar no., address, and telephone no. MOTION 1. Plaintiff is lawfully entitled to possession of the following described property: 2. The property may be damaged, destroyed, concealed, disposed of or used so as to substantially impair its value before final judgment, unless the property is taken into custody by court order, because: State facts 3. Plaintiff moves for possession of the described property pending final judgment. I declare that the statements above are true to the best of my information, knowledge, and belief. Date Plaintiff/Attorney RESTRAINING ORDER AND ORDER TO APPEAR TO THE DEFENDANT(S): IT IS ORDERED: 1. You shall refrain from damaging, destroying, concealing, disposing of or using so as to substantially impair its value, the property described above, untl further order of the court. 2. You shall appear in court at the above address at for a hearing on the motion on at to answer the motion. Date Time If you do not appear at the hearing the property may be taken from you. Date Judge Bar no. MCR 3.105,MC 36 (6/86) MOTION FOR POSSESSION PENDING JUDGMENT, CLAIM AND DELIVERY MCL 600.2920; MSA 27A.2920<<<<<<<<<********>>>>>>>>>>>>> 2 MOTION FOR POSSESSION RETURN OF SERVICE Case No. TO PROCESS SERVER: You are to serve this motion, restraining order and order to appear not later than 7 days before the scheduled hearing date. You must make and file your return with the court clerk immediately. CERTIFICATE / AFFIDAVIT OF SERVICE / NON-SERVICE OFFICER CERTIFICATE OR AFFIDAVIT OF PROCESS SERVER I certify that I am a sheriff, deputy sheriff, bailiff, appointed Being first duly sworn, I state that I am a legally competent court officer, or attorney for a party [MCR 2.104(A)(2)], and adult who is not a party or an officer of a corporate party, and that: (notary not required) that: (notary required) I served personally a copy of the restraining order and order to appear, I served by registered or certified mail (copy of return receipt attached) a copy of the restraining order and order to appear, together with , on the defendant(s): Attachment Defendants name Complete address of service Day, date, time Defendants name Complete address of service Day, date, time Defendants name Complete address of service Day, date, time After diligent search and inquiry, I have been unable to find and serve the following defendant(s): I have made the following efforts in attempting to serve process: I have personally attempted to serve the restraining order and order to appear, together with Attachment on Name at and have been unable to complete service because Address the address was incorrect at the time of filing. Service fee Miles traveled Mileage fee Total fee Signature $ $ $ Title Subscribed and sworn to before me on , County, Michigan. Date My commission expires: Signature: Date Deputy court clerk/Notary public ACKNOWLEDGMENT OF SERVICE I acknowledge that I have received service of the restraining order and order to appear, together with Attachment on Day, date, time on behalf of .Signature MCR 2.105

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