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Petition Regarding Impoundment Of Motor Vehicle Or Seizure Of Motorcycle Form. This is a Michigan form and can be use in Motor Vehicle Offenses Statewide.
Tags: Petition Regarding Impoundment Of Motor Vehicle Or Seizure Of Motorcycle, DC 90, Michigan Statewide, Motor Vehicle Offenses
PETITION1.The petitioner requests a court hearing to determinea.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 thea.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:License:4.The vehicle described above wasseizedremovedonby order of.Notice received .5.Towing/storage fees in the amount of $havehave notbeen paid to the custodian ofthe vehicle. The custodian's name and address are .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 $.NOTICE OF HEARINGA hearing on the above petition will be held onatat. Persons with knowledge of the facts should appear at this hearing.CERTIFICATE OF MAILINGI certify that on this date I served a copy of this notice on the parties, the towing agency, and any other person required to receivenotice by first-class mail addressed to their last-known addresses as defined by MCR 2.107(C)(3). STATE OF MICHIGAN CASE NO.Approved, SCAO JUDICIAL DISTRICTDC 90 (3/11) PETITION REGARDING IMPOUNDMENT OF MOTOR VEHICLE OR SEIZURE OF MOTORCYCLEPETITION REGARDINGIMPOUNDMENT OF MOTOR VEHICLE ORSEIZURE OF MOTORCYCLEMCL 257.230a, MCL 257.252a, MCL 257.252b, MCL 257.252f, MCL 257.606, MCL 257.673, MCL 257.742v Respondent's name, address, and telephone no. Petitioner's name, address, and telephone no.Court addressCourt telephone no.See instructions on other side YearNumberStateYear and makeVehicle identification number Date Police agency Date DatePetitioner For Court use only DateTime Judge/Deputy clerk Date Deputy clerk Date Original - Court1st copy - Petitioner2nd copy - Respondent3rd copy - Towing agency4th copy - Vehicle custodian Location NOTE: The respondent may be a police agency or a towing company.NOTE: The petitioner must be the owner of the vehicle. 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 towingand daily storage fees, complete items 1 through 7 of the petition and request a hearing with the court. (If the motor vehicle wasremoved by a private property owner and the removal was not authorized by a police agency, do not include a police agencyin item 4 of the petition.) The petition, filing fee, and other applicable fees must be filed with the court either by mail or personalappearance within 20 days of the date of the notice that the vehicle was taken into custody. You must bring proof of ownershipof 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 terminationof 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, completeitems 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 dateof 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,orprivate property owner acted properly.b.Notify the owner, towing agency or custodian, and police agency, or if the vehicle was removed from private property, notifythe private property owner, of the time and place of the hearing. (MCL 257.252f)4.The matter shall be resolved after the hearing conducted by the court. You may obtain release of an impounded vehicle beforethe 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 andstorage 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 plateis 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)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 wouldexceed 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[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 wouldexceed 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[b]) American LegalNet, Inc. www.FormsWorkFlow.com