Last updated: 8/16/2006
Order Of Possession Pending Judgment {MC 37}
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Description
Original - Court 1st copy - Defendant 2nd copy - Plaintiff Approved, SCAO 3rd copy - Return STATE OF MICHIGAN CASE NO. ORDER OF POSSESSION JUDICIAL DISTRICT 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. 1. THE COURT FINDS that defendant has possession of the following described property: IT IS ORDERED: 2. The motion for possession pending final judgment is denied. 3. a. Defendant shall retain possession of the described property and is restrained from damaging, destroying, concealing, or disposing of the property. b. Defendant shall furnish a penalty bond payable to plaintiff in the amount of $ . retain it. 4. a. The sheriff or court officer shall seize the described property within 21 days anddeliver it to plaintiff. b. Plaintiff shall furnish a penalty bond payable to the sheriff or court officer and defendant in the sum of $ and shall diligently prosecute the suit to final judgment, surrender the property to the person judged entitled to possession and pay any money that may be recovered against him/her in the action. 5. The bond required by this order shall be filed in the court by . No seizure shall Date be made prior to filing the bond. Date Judge Bar no. MCL 600.2920; MSA 27A.2920,MC 37 (10/91) ORDER OF POSSESSION PENDING JUDGMENT, CLAIM AND DELIVERY MCR 3.105(E)(4)(c)<<<<<<<<<********>>>>>>>>>>>>> 2 RETURN - PERSONAL SERVICE I certify and return that I delivered a copy of this order of possession (and bond) personally on the defendant(s)Name(s) at Address and took possession of the following property on : Date Service fee Miles traveled Mileage fee Other* Total fee $ $ $ $ *Explain Date Deputy sheriff/Court officer RETURN ON DELIVERY OF PROPERTY TO PLAINTIFF I certify and return that I delivered the described property to the plaintiff as ordered by the court on Dateat Time . Date Deputy sheriff/Court officer ACKNOWLEDGMENT BY PLAINTIFF I acknowledge receiving the described property on Date . Date Plaintiff RETURN - FAILURE TO SERVE/SEIZE I certify and return that after diligent search and inquiry: I am unable to find the named defendant(s) and have been unable to serve the order of possession. I am unable to find the described property and I did not take the described property into my possession. Date Deputy sheriff/Court officer