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Blank Michigan Mc 19 PDF Form

The Michigan MC 19 form is a legal document used in the state of Michigan to request and order the seizure of property from a defendant. This form is typically utilized after a plaintiff has obtained a judgment against a defendant, allowing for the collection of owed amounts through the seizure of personal or real property. Understanding how to accurately complete this form is essential for plaintiffs seeking to enforce their rights and recover debts.

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Article Guide

The Michigan MC 19 form serves as a crucial document in the process of property seizure related to court judgments. This form is utilized when a plaintiff has obtained a judgment against a defendant and seeks to recover the owed amount through the seizure of the defendant's property. It includes essential details such as the case number, the names and contact information of both the plaintiff and the defendant, and a breakdown of the judgment amount, including accrued interest and costs. The plaintiff must verify the total unsatisfied judgment, which may include additional statutory fees and expenses. The form also outlines the responsibilities of the sheriff or authorized court officer, directing them to seize and sell the defendant's personal or real property, should it be necessary to satisfy the plaintiff's claim. The document emphasizes the requirement for the officer to provide receipts and inventory lists to the defendant, ensuring transparency throughout the process. Additionally, it stipulates the timeline for service and return of the order, highlighting the importance of adhering to legal protocols. Understanding the Michigan MC 19 form is essential for both plaintiffs and defendants navigating the complexities of post-judgment property seizure.

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STATE OF MICHIGAN JUDICIAL DISTRICT JUDICIAL CIRCUIT

Court address

REQUEST AND ORDER TO

SEIZE PROPERTY

CASE NO. and JUDGE

Court telephone no.

Plaintiff’s name, address, and telephone no.

Defendant’s name, address, and telephone no.

Plaintiff’s attorney, bar no., address, and telephone no.

Defendant’s attorney, bar no., address, and telephone no.


		REQUEST AND VERIFICATION
1.	Plaintiff received judgment against defendant for $		on				.
2.	The total amount of judgment interest accrued to date is $			.
	The total amount of postjudgment costs accrued to date is $				.
	The total amount of postjudgment payments made and credits to date is $					.
	The amount of the unsatisfied judgment now due (including interest and costs) is • $						.

*Statutory interest, officer/sheriff fees, and expenses may be charged in addition to the unpaid judgment balance, according to law.

3. The plaintiff asks the court to issue an order to seize the property of the following defendant(s):

Name

Date		Plaintiff/Attorney signature		Bar no.
Address	City	State	Zip	Telephone no.

Approved, SCAO	Distribute form to:
Form MC 19, Rev. 1/21	Court
MCL 600.2920, MCL 600.6002, MCR 3.106	Officer
Page 1 of 2	Defendant
	Plaintiff

Request and Order to Seize Property (1/21)	Case No.
Page 2 of 2

ORDER

TO ANY SHERIFF, DEPUTY SHERIFF, OR AUTHORIZED COURT OFFICER - YOU ARE ORDERED TO:

1.Seize and sell, according to law, any of the personal property (as determined by the officer) of defendant(s) named above in the Request and Verification that is not exempt from seizure, as will be sufficient to satisfy the plaintiff’s demand, costs, and any statutory fees and expenses. Personal property may include, but is not limited to motor vehicles or money, wherever located.

2.If sufficient personal property of defendant(s) cannot be found within your jurisdiction, seize and sell any of the real property of defendant(s) not exempt from seizure, as will be sufficient to satisfy plaintiff’s demand, costs, and any statutory fees and expenses.

3.Collect from the sale of the property enough money to pay all of your statutory fees and statutory expenses.

4. Deposit proceeds of sale with the court plaintiff after deducting statutory fees and statutory expenses.

5. Claim and Delivery Only: Seize the property described in the attached judgment for claim and delivery and deliver to the plaintiff(s); or if the property is not found in the possession of the defendant(s), levy the value of it.

6.You must endorse the month, day, year, and hour that you receive this order, and that time is the effective date of this order. You must return this order not less than 20 days, nor more than 90 days, from the effective date. If you have begun to serve this order on or before the return date, you may complete the service and return after the return date.

7.You may not continue collecting on this order after the return date except as indicated in item 6.

8. Order to be served by		.
8. Order to be served by	Authorized court officer/Deputy sheriff	.

Judge signature and date

ENDORSEMENT: I certify that I received this order on			.
ENDORSEMENT: I certify that I received this order on	Date and time		.

		Authorized court officer/Deputy sheriff

TO THE DEFENDANT: The person taking property must provide you with a receipt of all money paid by you and an inventory of the property taken. You may send the plaintiff a request to review postjudgment costs and fees.

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Form Specifications

Fact Name	Description
Form Purpose	The Michigan MC 19 form is used to request and order the seizure of property from a defendant to satisfy a court judgment.
Judgment Requirement	The plaintiff must have received a judgment against the defendant, specifying the amount owed, including interest and costs.
Property Seizure Scope	The order allows for the seizure of personal property, such as motor vehicles or money, as well as real property if sufficient personal property is not available.
Return Timeline	The order must be returned within 20 to 90 days from the effective date, which is the date the order is received by the officer.
Governing Laws	The MC 19 form is governed by Michigan Compiled Laws (MCL) 600.2920, MCL 600.6002, and Michigan Court Rules (MCR) 3.106.

Michigan Mc 19: Usage Guidelines

Filling out the Michigan MC 19 form requires attention to detail and accuracy. After completing the form, it will need to be submitted to the appropriate court for processing. Ensure all information is correct to avoid delays in the seizure process.

Obtain the Michigan MC 19 form from the court or an authorized website.
Fill in the court address and court telephone number at the top of the form.
Enter the case number assigned to your case.
List the plaintiff's name(s), address(es), and telephone number(s) in the designated section.
Provide the defendant's name(s), address(es), and telephone number(s) in the corresponding section.
In the Request and Verification section, fill in the judgment amount received against the defendant and the date it was received.
Calculate and enter the total amount of judgment interest accrued to date.
Enter the total amount of post-judgment costs accrued to date.
List the total amount of post-judgment payments made and credits to date.
Calculate the unsatisfied judgment amount due, including interest and costs, and enter it in the designated field.
List the names and dates of birth (if available) of the defendant(s) whose property you are requesting to seize.
Sign and date the form in the Plaintiff/Attorney signature section. Include your bar number, address, city, state, zip, and telephone number.
Ensure all sections are complete and review for accuracy.
Submit the completed form to the court.

Your Questions, Answered

What is the Michigan MC 19 form used for?

The Michigan MC 19 form is a legal document utilized in the process of seizing property to satisfy a judgment. When a plaintiff has obtained a judgment against a defendant, this form serves as a request to the court for an order allowing the seizure of the defendant's property. The form details the judgment amount, accrued interest, and any costs associated with post-judgment proceedings. It is essential for initiating the enforcement of a court's decision regarding unpaid debts.

Who can file the Michigan MC 19 form?

The plaintiff, or their attorney, is the individual who files the Michigan MC 19 form. This person must have previously secured a judgment against the defendant in a court of law. The form requires the plaintiff’s signature and bar number if represented by an attorney, along with pertinent contact information. It is important that the plaintiff provides accurate details regarding the judgment and the defendant to facilitate the seizure process.

What information is required on the Michigan MC 19 form?

The form requires specific information, including the case number, court address, and contact details for both the plaintiff and the defendant. Additionally, it must include the amount of the judgment, accrued interest, post-judgment costs, and any payments made by the defendant. The plaintiff must also specify the property to be seized, including the names and dates of birth of the defendants, if available. This information is crucial for the court to issue an accurate order for seizure.

What happens after the Michigan MC 19 form is filed?

Once the Michigan MC 19 form is filed, the court will review the request and, if approved, issue an order directing law enforcement to seize the specified property. The order will instruct the sheriff or authorized officer on how to proceed with the seizure, including whether to take personal or real property. The officer must then execute the order, sell the property, and return the proceeds to the court, deducting any statutory fees and expenses.

Are there any exemptions from property seizure under the Michigan MC 19 form?

Yes, certain types of property may be exempt from seizure under Michigan law. Common exemptions include essential household items, tools of a trade, and certain amounts of personal property or income. The law aims to protect individuals from losing necessary assets that are vital for their livelihood. The sheriff or authorized officer is responsible for determining which items can be seized based on these exemptions.

What should defendants expect if their property is seized?

Defendants should be aware that if their property is seized, they are entitled to receive a receipt for any payments made and an inventory of the property taken. This process ensures transparency and provides a record of the transaction. Defendants may also have the opportunity to contest the seizure or seek relief through the court, depending on the circumstances surrounding the judgment and the seizure process.

Common mistakes

Incomplete Information: Many individuals fail to provide all required details, such as the full names and addresses of both the plaintiff and defendant. Missing this information can delay the process.
Incorrect Amounts: People often miscalculate the total amount due, including judgment interest and postjudgment costs. This can lead to complications and possible rejections of the form.
Signature Issues: Not signing the form or using an incorrect signature can invalidate the request. It's essential to ensure that the signature matches the name of the plaintiff or attorney.
Failure to Follow Instructions: Some applicants overlook specific instructions regarding the submission timeline or the requirement to return the order within a certain period. Ignoring these details can result in the dismissal of the request.

Documents used along the form

The Michigan MC 19 form is a crucial document used in the process of seizing property to satisfy a judgment. However, several other forms and documents often accompany it to ensure a smooth legal process. Below is a list of these documents, each described briefly to help you understand their purpose and relevance.

Judgment Order: This document outlines the court's decision regarding the case, detailing the amount owed by the defendant to the plaintiff. It serves as the basis for the MC 19 form.
Writ of Execution: Issued by the court, this document authorizes law enforcement to seize the defendant's property to satisfy the judgment. It specifies what property can be taken.
Affidavit of Service: This form provides proof that the defendant was properly served with legal documents, including the judgment order. It is essential for establishing jurisdiction.
Notice of Levy: This document informs the defendant that their property is being seized. It details what property is being taken and the legal grounds for the action.
Property Inventory Form: Used by the officer executing the seizure, this form lists all items taken from the defendant's property. It ensures transparency and accountability during the process.
Claim and Delivery Bond: If the defendant contests the seizure, they may need to file this bond to recover their property while the dispute is resolved. It acts as a security measure for the plaintiff.
Financial Disclosure Statement: This document requires the defendant to disclose their financial situation, helping the court determine the appropriateness of the seizure and any exemptions.
Request for Hearing: If the defendant believes the seizure is unjust, they can file this request to have a court hearing. It allows them to present their case before a judge.
Exemption Claim Form: Defendants may use this form to claim that certain property is exempt from seizure under Michigan law, providing specific reasons for their claim.

Understanding these accompanying documents can significantly aid in navigating the legal process related to the Michigan MC 19 form. Each document plays a vital role in ensuring that both the plaintiff's rights and the defendant's protections are upheld throughout the seizure process.

Similar forms

Michigan MC 20 Form: Similar to the MC 19, this form is used for requesting a court order to seize property, focusing on the enforcement of a judgment. It includes details about the plaintiff and defendant, as well as the specifics of the judgment.
Michigan MC 21 Form: This document serves as a request for a writ of garnishment. Like the MC 19, it seeks to collect on a judgment but does so by targeting a third party who may hold funds or property of the defendant.
Michigan MC 22 Form: This form is a request for a judgment to be entered. It is similar to the MC 19 in that it involves the enforcement of a court's decision, detailing the amounts owed and the parties involved.
Michigan MC 23 Form: Used for the application for a judgment lien, this form shares similarities with the MC 19 by establishing a claim against the property of the defendant to secure the debt owed to the plaintiff.
Michigan MC 24 Form: This document is a request for a court order for the sale of real property. Like the MC 19, it involves the seizure of assets to satisfy a judgment but specifically pertains to real estate.
Michigan MC 25 Form: This form is used for a motion to set aside a default judgment. It is related to the MC 19 in that both deal with judgments and the rights of the parties involved in the case.
Michigan MC 26 Form: Similar to the MC 19, this form requests a court order for the turnover of property. It aims to enforce a judgment by compelling the defendant to return specific property to the plaintiff.
Michigan MC 27 Form: This form is for a request for an order for examination of a judgment debtor. It is akin to the MC 19 in that it seeks to gather information to enforce a judgment against the defendant.
Michigan MC 28 Form: This document is a request for an order for a judgment of possession. It is similar to the MC 19 as it involves the enforcement of a judgment through the seizure of property.

Dos and Don'ts

When filling out the Michigan MC 19 form, keep the following tips in mind:

Do ensure all information is accurate and complete. Double-check names, addresses, and amounts.
Don't leave any sections blank. If a section doesn’t apply, write "N/A" instead.
Do sign and date the form where indicated. Your signature is essential for processing.
Don't forget to provide the correct court address and contact information. This helps avoid delays.
Do keep a copy of the completed form for your records. It’s important to have documentation of what you submitted.

Following these guidelines will help ensure that your form is processed smoothly and efficiently.

Misconceptions

Understanding the Michigan MC 19 form can be challenging, and several misconceptions often arise regarding its purpose and use. Here are nine common misconceptions, along with clarifications for each.

The MC 19 form is only for large debts. Many believe this form is applicable only for significant financial judgments. In reality, it can be used for any unsatisfied judgment, regardless of the amount.
Only the plaintiff can request property seizure. While the plaintiff initiates the process, the court ultimately decides whether to grant the request. The judge plays a crucial role in the approval of the seizure.
The form guarantees the seizure of property. Completing the MC 19 form does not ensure that property will be seized. The court must review the request, and the property must not be exempt from seizure.
All property can be seized without exception. This is incorrect. Certain types of property, such as essential household items, may be exempt from seizure under Michigan law.
The defendant is not informed about the seizure. The defendant must be notified about the seizure process. They are entitled to receive a receipt and an inventory of the property taken.
The sheriff can seize any property at any time. There are specific guidelines and timelines that the sheriff must follow. The order must be executed within a set period, typically between 20 to 90 days.
Once property is seized, the process is complete. After the seizure, the property must be sold, and the proceeds must be handled according to the law. This includes paying any statutory fees and depositing the remaining funds with the court.
The MC 19 form is the only document needed for property seizure. While it is a critical form, additional documentation and procedures may be required, depending on the specific circumstances of the case.
Filing the MC 19 form is a quick process. The process can take time, as it involves court review and potential delays in execution. Patience is often necessary.

By addressing these misconceptions, individuals can better understand the Michigan MC 19 form and its implications in the property seizure process.

Key takeaways

Filling out and using the Michigan MC 19 form is a critical step in the process of seizing property to satisfy a judgment. Here are some key takeaways to keep in mind:

Understand the Purpose: The MC 19 form is used to request a court order to seize property from a defendant to satisfy an unpaid judgment.
Accurate Information is Essential: Ensure that all names, addresses, and amounts are filled out correctly. Errors can delay the process.
Judgment Details: Include the total judgment amount, accrued interest, and any post-judgment costs or payments. This information is crucial for calculating the unsatisfied judgment amount.
Property Identification: Clearly identify the property to be seized. This can include personal property like vehicles or money, as well as real estate.
Know Exemptions: Be aware of what property is exempt from seizure. Certain items may not be subject to this process under Michigan law.
Timelines Matter: The order must be returned within 20 to 90 days from the effective date. Keep track of these deadlines to avoid complications.
Collection Process: After the property is sold, the proceeds must be deposited with the court, minus any statutory fees and expenses.
Documentation is Key: The officer executing the order must provide a receipt and inventory of the property taken. This ensures transparency and accountability.