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Motion For Possession Pending Judgment Form. This is a Michigan form and can be use in Claim And Delivery Statewide.
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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
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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][2]), 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
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