Rule 3.106.Procedures Regarding Orders for the Seizure of Property and Orders of Eviction

MCR 3.106 governs the people who do the physical work of enforcement: seizing property under a court order and removing an occupant under an order of eviction. Because that work happens away from the courthouse and involves other people's property and money, most of the rule is about accountability rather than procedure.

Who may act

Subrule (B) begins with the persons named in MCR 2.103(B) and lets a court narrow the field to court officers and bailiffs serving that court, sheriffs and deputy sheriffs, Department of State Police officers in an action in which the state is a party, and police officers of an incorporated city or village in an action in which that city or village is a party. Each court posts a public list of its court officers and bailiffs at the court, sends the State Court Administrative Office a copy of the list and of each officer's bond, and reports any changes.

Appointment and bonding

Subrule (C) puts appointment in the hands of the chief judge for a term not to exceed 2 years, and lets two or more chief judges appoint jointly for their respective courts. The appointing court specifies the nature of the employment relationship at the time of appointment and keeps a copy of the officer's application. Under subrule (D) an officer or bailiff posts a surety bond under MCR 8.204, gives the names and addresses of every financial institution holding funds obtained under the rule along with the account numbers, and identifies the people who regularly provide services in seizures and evictions.

Carrying out a seizure

Everyone acting under the rule carries and displays identification authorized by the court or the agency served. A copy of the order goes to the defendant or the defendant's agent, or is left or posted on the premises in a conspicuous place; property seized from any other location triggers a mailing to the defendant's last known address. No funds may be collected before that service happens. A seizure or a payment produces an inventory and receipt, with the original filed with the court within 7 days, a copy to the parties or their attorneys or agents and posted on the premises, a copy mailed to the nonprevailing party's last known address when the property came from somewhere other than the premises, and a copy kept by the person who seized the property. Money received is paid to the court or deposited in a trust account within 21 days as the court directs, statutory collection fees are paid in proportion to the amount received, and no other payment is allowed.

Closing the file

Within 14 days after the order expires or the judgment is satisfied, whichever comes first, the officer files one of three reports and gives a copy to the prevailing party: a summary of collection activities with an accounting of everything collected, a report that collection will continue under a statute, or a report that no collection activity occurred. Bills and receipts for service are kept for one year, and subrule (H) applies that same one year retention to eviction work.