Free mc36.pmd - Michigan

Approved, SCAO

Original - Court 1st copy - Defendant 2nd copy - Plaintiff 3rd copy - Return

STATE OF MICHIGAN JUDICIAL DISTRICT JUDICIAL CIRCUIT
Court address

MOTION FOR POSSESSION PENDING JUDGMENT Claim and Delivery

CASE NO.

Court telephone no.

Plaintiff's name(s), address(es), and telephone no(s).

Defendant'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 for a hearing on the motion on
Date

at the above address

at

Location

at
Time

to answer the motion.

If you do not appear at the hearing, the property may be taken from you.
Date MC 36 (3/08) Judge Bar no. MCL 600.2920, MCR 3.105

MOTION FOR POSSESSION PENDING JUDGMENT, CLAIM AND DELIVERY

MOTION FOR POSSESSION PROOF OF SERVICE Case No.

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
Attachment Defendant's name Complete address of service Day, date, time

, on the defendant(s):

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

Address

and have been unable to complete service because

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 Mileage fee Total fee Signature Name (type or print) Title

$

$

$

Subscribed and sworn to before me on
Date

, Signature:
Deputy court clerk/Notary public

County, Michigan.

My commission expires:
Date

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 Day, date, time Attachment

on behalf of

.

MCR 2.105