Form MC 36 Motion for Possession Pending Judgment - Claim and Delivery - Michigan

Form MC36 is a Michigan Courts form also known as the "Motion For Possession Pending Judgment - Claim And Delivery". The latest edition of the form was released in March 1, 2008 and is available for digital filing.

Download a PDF version of the Form MC36 down below or find it on Michigan Courts Forms website.

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Original - Court
1st copy - Defendant
2nd copy - Plaintiff
Approved, SCAO
3rd copy - Return
STATE OF MICHIGAN
CASE NO.
MOTION FOR POSSESSION
JUDICIAL DISTRICT
PENDING JUDGMENT
JUDICIAL CIRCUIT
Claim and Delivery
Court address
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
at the above address
at
Location
for a hearing on the motion on
at
to answer the motion.
Date
Time
If you do not appear at the hearing, the property may be taken from you.
Judge
Date
Bar no.
MOTION FOR POSSESSION PENDING JUDGMENT, CLAIM AND DELIVERY
MC 36 (3/08)
MCL 600.2920, MCR 3.105
Original - Court
1st copy - Defendant
2nd copy - Plaintiff
Approved, SCAO
3rd copy - Return
STATE OF MICHIGAN
CASE NO.
MOTION FOR POSSESSION
JUDICIAL DISTRICT
PENDING JUDGMENT
JUDICIAL CIRCUIT
Claim and Delivery
Court address
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
at the above address
at
Location
for a hearing on the motion on
at
to answer the motion.
Date
Time
If you do not appear at the hearing, the property may be taken from you.
Judge
Date
Bar no.
MOTION FOR POSSESSION PENDING JUDGMENT, CLAIM AND DELIVERY
MC 36 (3/08)
MCL 600.2920, MCR 3.105
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
AFFIDAVIT OF PROCESS SERVER
Being first duly sworn, I state that I am a legally competent
I certify that I am a sheriff, deputy sheriff, bailiff, appointed
adult who is not a party or an officer of a corporate party, and
court officer, or attorney for a party (MCR 2.104[A][2]), and
that:
that:
(notarization required)
(notarization not required)
I served personally a copy of the restraining order and order to appear,
I served by registered or certified mail
a copy of the restraining order and order to appear,
(copy of return receipt attached)
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.
Signature
Service fee
Miles traveled
Mileage fee
Total fee
$
$
$
Name (type or print)
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
Attachment
on
Day, date, time
on behalf of
.
Signature
MCR 2.105

Download Form MC 36 Motion for Possession Pending Judgment - Claim and Delivery - Michigan

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