Fill Your Michigan Mc 19 Template

The Michigan MC 19 form is a legal document used to request and order the seizure of property in cases where a plaintiff has obtained a judgment against a defendant. This form outlines the details of the judgment, including the amount owed and the property to be seized. It is essential for plaintiffs seeking to enforce a judgment through the seizure of personal or real property.

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Documents used along the form

When dealing with the Michigan MC 19 form, several other documents are typically required to ensure a smooth legal process. Each of these forms plays a crucial role in the enforcement of judgments and the seizure of property. Below is a list of commonly associated documents, along with brief descriptions of their purposes.

MC 20 - Affidavit for Writ of Garnishment: This form is used to notify a third party, such as an employer or bank, that they must withhold funds or property belonging to the defendant until the court resolves the matter. It helps the plaintiff collect the judgment amount directly from the defendant's sources of income or assets.
Promissory Note: A Michigan Promissory Note is a key document that outlines a borrower's repayment promise to a lender. It is vital for establishing clear repayment expectations, making it important to fill out correctly. For more information, visit https://promissoryform.com/blank-michigan-promissory-note/.
MC 21 - Writ of Garnishment: Issued by the court, this document formally instructs the garnishee (the third party) to hold the defendant's property or funds. It outlines the amount owed and mandates compliance with the court's order.
MC 22 - Notice of Garnishment: This notice informs the defendant that their property is being garnished. It provides essential information about their rights and the process, ensuring transparency and allowing the defendant to respond appropriately.
MC 23 - Motion for Judgment: This document is filed by the plaintiff to request the court to enter a judgment against the defendant. It details the basis for the claim and the relief sought, initiating the formal judgment process.
MC 24 - Proof of Service: This form verifies that the plaintiff has properly served the necessary documents to the defendant and any other involved parties. It is crucial for establishing that all legal requirements have been met for the court proceedings.
MC 25 - Order of Judgment: This official court order confirms the judgment in favor of the plaintiff. It outlines the amount awarded and any conditions attached, serving as the legal basis for further actions, such as property seizure.
MC 26 - Satisfaction of Judgment: Once the judgment has been fulfilled, this form is filed to indicate that the plaintiff has received the owed amount. It officially closes the case, preventing any further actions related to that judgment.

Understanding these documents and their functions is vital for anyone involved in the legal process surrounding property seizure in Michigan. Each form contributes to the overall goal of ensuring that judgments are enforced fairly and effectively, protecting the rights of both plaintiffs and defendants.

Michigan Mc 19 Preview

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.

Similar forms

The Michigan MC 19 form, which is a request and order to seize property, shares similarities with several other legal documents. Each of these documents serves a specific purpose in the legal process, often involving the enforcement of judgments or claims. Below are four documents that are comparable to the MC 19 form:

Writ of Execution: This document is issued by a court to enforce a judgment. Similar to the MC 19 form, a writ of execution allows for the seizure of a debtor's property to satisfy a court-ordered payment. Both documents require detailed information about the judgment and the debtor's assets.
Last Will and Testament: This informative guide on creating a Last Will and Testament helps ensure your wishes regarding asset distribution are clearly documented.
Claim and Delivery Form: This form is used when a plaintiff seeks the return of specific personal property that they believe belongs to them but is currently in the possession of the defendant. Like the MC 19, it involves a request to seize property, but it focuses specifically on the return of identifiable items rather than a general seizure of assets.
Garnishment Order: A garnishment order allows a creditor to collect debts directly from a third party, such as an employer or bank, that holds the debtor's assets. While the MC 19 form deals with seizing property directly, both documents aim to enforce a judgment and recover owed amounts.
Judgment Lien Document: This document creates a legal claim against a debtor's property, allowing a creditor to secure payment of a judgment. Similar to the MC 19, it establishes a legal basis for seizing property, although it does not result in immediate action like the MC 19 does.

Misconceptions

Misconception 1: The MC 19 form is only for seizing real property.

This form can be used to seize both personal and real property. Personal property can include items like vehicles or cash, while real property refers to land and buildings.

Misconception 2: Only the plaintiff can fill out the MC 19 form.

While the plaintiff initiates the process, the form can also be filled out by their attorney. The attorney must include their bar number and contact information.

Misconception 3: The MC 19 form guarantees the seizure of property.

The form requests the court to issue an order to seize property, but it does not guarantee that the property will be seized. The court must review the request and approve it.

Misconception 4: There are no time limits associated with the MC 19 form.

The officer must return the order within 20 to 90 days from the effective date. This time frame is crucial for the process to remain valid.

Misconception 5: The defendant has no rights during the seizure process.

The defendant is entitled to receive a receipt for any money paid and an inventory of the property taken. This ensures transparency in the process.

Misconception 6: All property can be seized without exception.

Some properties are exempt from seizure under Michigan law. Items like necessary clothing, tools for work, and certain household goods may not be subject to seizure.

Misconception 7: The officer can seize any property at any time.

Officers must follow the court's order and only seize property that is not exempt. They also need to ensure they are acting within their jurisdiction.

Misconception 8: The MC 19 form does not involve any costs.

There are statutory fees and expenses associated with the seizure process. These costs can be charged in addition to the unpaid judgment balance.

Misconception 9: Once the MC 19 form is submitted, the plaintiff has no further responsibilities.

The plaintiff must monitor the process and ensure that the officer is carrying out the order appropriately. They may also need to follow up with the court regarding the outcome.

Detailed Instructions for Using Michigan Mc 19

Filling out the Michigan MC 19 form is an important step in the process of seizing property. This form requires specific information about the judgment, the parties involved, and the property to be seized. Follow these steps carefully to ensure that your form is completed correctly.

Begin by entering the court address and court telephone number at the top of the form.
Fill in the case number in the designated space.
Provide the names, addresses, and telephone numbers of the plaintiff(s) in the appropriate section.
Next, enter the names, addresses, and telephone numbers of the defendant(s).
In the Request and Verification section, state the amount of the judgment awarded to the plaintiff and the date it was received.
List the total amount of judgment interest that has accrued to date.
Include the total amount of post-judgment costs that have accumulated.
Document the total amount of post-judgment payments made and any credits applied to date.
Calculate and write down the amount of the unsatisfied judgment that is now due, including interest and costs.
Identify the defendant(s) whose property you are requesting to seize by providing their names and, if available, their dates of birth.
Sign the form in the Plaintiff/Attorney signature section and include your bar number, address, city, state, zip code, and telephone number.
In the Order section, ensure that the order to the sheriff or deputy sheriff is clearly stated, including instructions for seizing personal or real property as needed.
Specify how the order will be served and include the name of the authorized court officer or deputy sheriff.
Finally, include the date and signature of the judge and their bar number in the designated area.

Once you have completed the form, make sure to keep copies for your records. You will need to file the original with the court and provide copies to the defendant and the officer responsible for executing the order. It’s important to follow all instructions carefully to ensure that the process moves smoothly.

Dos and Don'ts

When filling out the Michigan MC 19 form, it is crucial to approach the process with care and attention to detail. The following list outlines essential dos and don’ts to ensure that your submission is accurate and effective.

Do provide complete and accurate information about the plaintiff and defendant, including names, addresses, and contact numbers.
Do clearly state the amount of the judgment and any accrued interest or costs to date.
Do ensure that all signatures are included, particularly from the plaintiff or attorney.
Do verify that the form is signed and dated before submission to the court.
Do keep a copy of the completed form for your records.

Don't leave any sections of the form blank; incomplete forms may be rejected.
Don't forget to check the jurisdiction requirements for filing the form.
Don't submit the form without reviewing it for errors or typos.
Don't assume that the court will correct any mistakes; take the time to ensure everything is accurate.
Don't neglect to follow up with the court after submission to confirm receipt and processing of your request.