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Request And Order To Seize Property Form. This is a Michigan form and can be use in USBC Western Federal.
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Tags: Request And Order To Seize Property, Michigan Federal, USBC Western
Original - Court
1st Copy - Officer
2nd Copy - Defendant
U.S. BANKRUPTCY COURT
Western District of Michigan
REQUEST AND ORDER TO
SEIZE PROPERTY
Court Address: One Division NW, Suite 200, Grand Rapids, MI 49503
3rd Copy - Plaintiff
BANKRUPTCY CASE NO.
ADVERSARY PROCEEDING NO.
Defendant name(s) and address(es)
Plaintiff name(s) and address(es)
V
REQUEST AND VERIFICATION
1. On___________________ a judgment was granted in this case upon which the following is now due:
(date)
Amount of judgment
$____________
Interest to this date
$__________
Post judgment costs $___________
Total
$____________
Less credits received $_________
*Balance due to date $__________
*Additional statutory interest, officer/sheriff fees, and expenses may be charged in addition to the unpaid balance according to law.
2. The plaintiff requests the court authorize the seizure of property of the following defendant(s):
_________________________________________________________________________________________________________
Name
Date of birth (if available)
_________________________________________________________________________________________________________
Name
Date of birth (if available)
I declare that the statements above are true to the best of my information, knowledge, and belief.
___________________________________
_________________________________________________________
Date
Plaintiff/Attorney signature
Bar No.
___________________________________________________________________________________________________________
Address
City
State
Zip
Telephone no.
TO ANY SHERIFF, DEPUTY SHERIFF, OR COURT OFFICER - YOU ARE AUTHORIZED TO:
1. Seize and sell, according to law, any of the personal property (as determined by the officer) of defendant(s) named above in the
Request and Verification that is not exempt from seizure, as will be sufficient to satisfy plaintiff's demand, costs, and any statutory fees
and expenses. Personal property may include, but is not limited to motor vehicles or money, wherever located.
2. If sufficient personal property of defendant(s) cannot be found within your jurisdiction, seize and sell any of the real property of
defendant(s) not exempt from seizure, as will be sufficient to satisfy plaintiff's demand, costs, and any statutory fees and expenses.
3. Collect from the sale of the property enough money to pay all of your statutory fees and statutory expenses.
94. Deposit proceeds of sale with the court after deducting statutory fees and statutory expenses.
95. Claim and Delivery Only: Seize the property described in the attached judgment for claim and delivery and deliver to the plaintiff(s);
or if the property is not found in the possession of the defendant(s), levy the value of it.
6. You must endorse the month, day, year, and hour that you receive this order, and that time is the effective date of this order. You
must execute and return this order not less than 20 days, nor more than 90 days, from the effective date. If you have begun to serve this
order on or before the return date, you must complete the service and return after the return date.
7. You may not continue collecting on this order after the return date except as indicated in item 6.
_________________________
__________________________________________________
Date
Judge
Order to be served by:___________________________________________
Court officer/Deputy Sheriff/Deputy Marshal
ENDORSEMENT: I certify that I received this order on ________________________ at _____________________________________
Date
Time
__________________________________________________
Court officer/Deputy SheriffDeputy Marshal
TO THE DEFENDANT: The person seizing property is required to provide you with a receipt of all money paid by you and an inventory of
the property seized.
MC 19 (6/04) REQUEST AND ORDER TO SEIZE PROPERTY
MCL 600.2920, MCL 600.6002, MCR 3.106
28 U.S.C. 564; FRCP 69
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