Bill Text: MI SB0420 | 2019-2020 | 100th Legislature | Enrolled
Bill Title: Civil procedure: execution; service of execution; modify procedures. Amends secs. 2559, 6002 & 6012 of 1961 PA 236 (MCL 600.2559 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Enrolled - Dead) 2020-12-30 - Pocket Veto 01/04/2021 [SB0420 Detail]
Download: Michigan-2019-SB0420-Enrolled.html
state of michigan
100th Legislature
Regular session of 2020
Introduced by Senator
Lucido
ENROLLED SENATE BILL No. 420
AN ACT to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending sections 2559, 6002, and 6012 (MCL 600.2559, 600.6002, and 600.6012), section 2559 as amended by 2018 PA 261.
The People of the State of Michigan enact:
Sec. 2559. (1) Except as provided in subsection (7), the following is the schedule of fees allowed for process or papers served out of a court in this state by a person authorized under this act or supreme court rule to serve process:
(a) For personal service of a summons and complaint in a civil action, along with supporting documents, for each defendant, $26.00 plus mileage.
(b) For personal service of an affidavit and account, for each defendant, $26.00 plus mileage.
(c) For a request for and writ of garnishment, for each garnishee and defendant, $23.00 plus mileage.
(d) For personal service of an order to seize goods that are the subject of a claim and delivery action, $40.00 plus mileage, plus the actual and reasonable expense of seizing, keeping, and delivering the goods.
(e) For receiving and filing a bond from or on behalf of a defendant in a claim and delivery action, $20.00.
(f) For an order to show cause, for each person served, $26.00 plus mileage.
(g) For a subpoena on discovery, for each person served, $26.00 plus mileage.
(h) For levying under or serving an order for the seizure of property and any accompanying paper, $40.00 plus mileage, plus the actual and reasonable expense of seizing and keeping the property under the order.
(i) If the person has seized property, physically or
constructively, under an order for the seizure of property issued in an action
in which a judgment is entered against the owner of the property, regardless of
whether the judgment is entered before or after the order is issued, and if the
judgment is satisfied in whole or in part before sale of the seized property by
payments to the person or settlement between the parties, 7% of the first
$8,000.00 of the payments or settlement amount and 3% of the payments or
settlement amount exceeding the first $8,000.00.
(j) For money seized or received or for property seized and sold under an order for the seizure of property, 7% of the first $8,000.00 of the amount received and 3% of any amount received exceeding the first $8,000.00.
(k) For each notice of sale under an order for the seizure of property or construction lien posted in a public place in the city or township, $26.00 plus mileage.
(l) For an order of eviction or a writ for the restitution of premises, for each defendant, $40.00 plus mileage, plus the actual and reasonable expense for the physical removal of property from the premises.
(m) For a subpoena directed to a witness, including a judgment debtor, $26.00 plus mileage.
(n) For a civil bench warrant or body execution, $40.00 plus mileage, plus a reasonable fee per hour for the amount of time involved in executing the warrant.
(o) For service by mail, $13.00 plus the actual cost of postage.
(p) For each verification by a process server, $10.00 plus mileage.
(q) For each postal change of address verification requested by the plaintiff, $10.00.
(r) For each global positioning service verification requested by the plaintiff, $5.00.
(s) For each photo verification requested by the plaintiff, $5.00.
(2) On submitting a sworn affidavit, a person authorized by this act or supreme court rule to serve process or papers out of a court in this state is entitled to receive a $10.00 fee plus mileage for each process that has an incorrect address. This fee is in addition to any fee the person is entitled to receive under subsection (1).
(3) Mileage is allowed under subsection (1) for each defendant, garnishee, and person served at 1-1/2 times the rate allowed by the state civil service commission for employees in the state classified civil service. Mileage is computed, each way, using the shortest reasonable route from the place where the court that issued or filed the process or paper is located to the place of service.
(4) The fees and expenses allowed under subsection (1)(h) to (k) must be collected in the same manner as the sum directed to be levied or collected under the order for the seizure of property. If at the time of advertising property for sale a sheriff or other officer has several orders for the seizure of property against the same defendant, the sheriff or officer shall charge only 1 advertising fee on the whole, and shall elect on which order he or she will receive the fee.
(5) A person authorized by this act or supreme court rule to serve process or papers out of a court in this state who demands and receives a greater fee or compensation for performing a service mentioned in this section than allowed by this section is, in addition to all other liability provided by law, liable to the party injured by paying the illegal fees for 3 times the amount of illegal fees actually paid and all costs of the action.
(6) A sheriff or other officer who, after the fees specified by this section have been tendered, neglects or refuses a service required by law is liable to the party injured for all damages that the party sustains as a result of the neglect or refusal.
(7) A person authorized under this act or supreme court rule to serve process may charge a fee for service of process that exceeds the fee prescribed under this section or other law if the fee is agreed to in advance in writing by the person serving process and the person requesting the service.
(8) Regardless of whether a fee charged or paid for service of process exceeds the fee prescribed by this section or other law, including a fee allowed under subsection (7), a person entitled to tax costs shall not attempt to tax and is not entitled to recover a fee for service of process that exceeds the fee prescribed by this section or other law.
(9) As used in this section, “order for the seizure of property” includes an order to seize property, a writ of attachment, and a writ of execution, including, but not limited to, execution in a claim and delivery action on property other than the property that is the subject of the claim and delivery action.
Sec. 6002. (1) On receipt of an execution, the officer who receives the execution shall indorse on the execution the year, month, day, and hour of receipt, and that time is the effective date of the execution.
(2) An execution must be made returnable not less than 20 and not more than 180 days after the effective date of the execution.
(3) If an officer has begun to serve an execution issued out of any court on or before the return day of the execution, the officer may complete service and return after the return date.
(4) An officer who serves an execution may physically or
constructively seize property subject to execution. To effect a constructive
seizure, the officer shall prominently post or attach to the property a notice
stating that the property has been seized under an execution, the date the
seizure commenced, and the name, address, and phone number of the officer. The
officer may, but is not required to, immobilize or disable property that is
constructively seized.
(5) If an officer has begun to serve an execution and dies or becomes incapable of completing service and return, any other officer who might by law have originally served the execution may complete the service. If the first officer fails to make a certificate, the second officer shall do so, including the actions of both officers in the certificate. If the first officer makes a certificate, the second officer shall make a certificate as to his or her own actions in completing service.
(6) If there are joint or joint and several obligors and jurisdiction was not acquired over all of them, the names of those over whom jurisdiction was not acquired must be indorsed on an execution.
(7) If an execution is received by a person that is not an officer, the person shall not serve the execution but shall promptly deliver the execution to the issuing court.
(8) As used in this section:
(a) “Execution” means an order for the seizure of property, as that term is defined in section 2559.
(b) “Officer” means a person that is either of the following:
(i) A sheriff or deputy sheriff, acting in the county the sheriff or deputy sheriff serves or under section 582(a).
(ii) A person acting at the direction of the court that issued the execution and that, before the execution was issued, appointed the person a court officer in accordance with the general court rules or by ex parte motion and order.
Sec. 6012. If an execution is issued against the property of a person, the person’s goods and chattels, and lands and tenements, levied on by the execution, are bound from the effective date of the execution.
Secretary of the Senate
Clerk of the House of Representatives
Approved___________________________________________
____________________________________________________
Governor
