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