Motion For Possession Pending Judgment Form. This is a Michigan form and can be use in Claim And Delivery Statewide.
Tags: Motion For Possession Pending Judgment, MC 36, Michigan Statewide, Claim And Delivery
Original - Court 1st copy - Defendant 2nd copy - Plaintiff 3rd copy - Return Approved, SCAO STATE OF MICHIGAN JUDICIAL DISTRICT JUDICIAL CIRCUIT CASE NO. MOTION FOR POSSESSION PENDING JUDGMENT Claim and Delivery Court address Court telephone no. Defendant's name(s), address(es), and telephone no(s). Plaintiff's name(s), address(es), and telephone no(s). v Plaintiff's attorney, bar no., address, and telephone no. MOTION 1. The 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 the facts.) 3. The 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, until further order of the court. 2. You shall appear in court at the above address for a hearing on the motion on at Location at Date to answer the motion. Time If you do not appear at the hearing, the property may be taken from you. Date MC 36 (3/08) Judge MOTION FOR POSSESSION PENDING JUDGMENT, CLAIM AND DELIVERY Bar no. MCL 600.2920, MCR 3.105 American LegalNet, Inc. www.FormsWorkflow.com MOTION FOR POSSESSION Case No. PROOF OF SERVICE 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 / NONSERVICE OR OFFICER CERTIFICATE I certify that I am a sheriff, deputy sheriff, bailiff, appointed court officer, or attorney for a party (MCR 2.104[A]), and that: (notarization not required) AFFIDAVIT OF PROCESS SERVER Being first duly sworn, I state that I am a legally competent adult who is not a party or an officer of a corporate party, and that: (notarization 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 Defendant's name Complete address of service Day, date, time Defendant's name Complete address of service Day, date, time Defendant's name Complete address of service Day, date, time 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 incorrrect at the time of filing. I declare that the statements above are true to the best of my information, knowledge, and belief. Service fee Miles traveled $ Total fee Signature $ Name (type or print) Mileage fee $ Title Subscribed and sworn to before me on , County, Michigan. Date My commission expires: Signature: Date Deputy court clerk/Notary public Notary public, State of Michigan, County of ACKNOWLEDGMENT OF SERVICE I acknowledge that I have received service of the restraining order and order to appear, together with on Signature Attachment Day, date, time on behalf of . MCR 2.105 American LegalNet, Inc. www.FormsWorkflow.com