Rule 3.605.Collection of Penalties, Fines, Forfeitures, and Forfeited Recognizances
Subchapter 3.600 — Miscellaneous Proceedings · Last verified September 5, 2026
Full Text of Rule 3.605
Plain-English Summary
MCR 3.605 handles the collection side of money owed to the public. Subrule (A) defines the term at the center of the rule: penalty includes fines, forfeitures, and forfeited recognizances, unless the rule says otherwise. That single definition carries through everything that follows.
Who sues
Subrule (B) fixes the party plaintiff by the source of the obligation. A civil action for a pecuniary penalty incurred for the violation of an ordinance of a city or village must be brought in the name of that city or village. Every other action to recover a penalty is brought in the name of the people of the State of Michigan.
Judgment on motion
Subrule (C) supplies a short path to judgment. In an action against a party liable for a penalty, judgment may be rendered directly against that party and in favor of the other party on motion and a showing that the condition giving rise to the penalty has occurred. The motion is made in the action against the party liable.
The subrule carves out two categories. It does not apply to forfeited civil recognizances under MCR 3.604, and it does not apply to forfeited criminal recognizances under MCL 765.28. Those follow their own tracks.
Asking for relief from a penalty
Subrule (D) governs remission, including the forfeiture of a bond. Three features shape the request:
- The application may be made to the judge who imposed the penalty or ordered the forfeiture.
- It may not be heard until the prosecuting attorney, or the municipal attorney, has had reasonable notice and an opportunity to examine the matter and prepare to resist the application.
- It may not be granted without payment of the costs and expenses incurred in the proceedings to collect the penalty, unless the court waives them.
The clerk and the prosecutor
Subrule (E) covers the fine that is imposed without an order for immediate commitment until it is paid. The clerk of the court must deliver a copy of the order imposing the fine to the prosecuting attorney of the county in which the court is held, or to the municipal attorney where the fine is payable to a municipality. That attorney then obtains execution to collect the fine. The provision turns an unpaid fine into an enforcement task with a named owner rather than an entry that sits on the docket.
Frequently Asked Questions
In whose name is an action to collect a penalty brought in Michigan?
Subrule (B) splits it two ways. A civil action for a pecuniary penalty incurred for violating an ordinance of a city or village must be brought in the name of that city or village.
Other actions to recover penalties must be brought in the name of the people of the State of Michigan.
What counts as a penalty under MCR 3.605?
Subrule (A) defines the term broadly. Unless the rule provides otherwise, penalty includes fines, forfeitures, and forfeited recognizances.
That definition matters for the rest of the rule, including the remission procedure in subrule (D), which expressly reaches a bond forfeiture.
How does a party ask a Michigan court to remit a penalty or bond forfeiture?
Subrule (D) allows an application for remission of a penalty, including a bond forfeiture, to be made to the judge who imposed the penalty or ordered the forfeiture.
Two conditions attach. The application may not be heard until the prosecuting attorney, or the municipal attorney, has received reasonable notice and had an opportunity to examine the matter and prepare to resist it. And it may not be granted without payment of the costs and expenses incurred in the proceedings for collection of the penalty, unless the court waives that payment.
Can a court enter judgment for a penalty on motion?
Subrule (C) allows it. In an action against a party liable for a penalty, judgment may be rendered directly against that party and in favor of the other party on motion and a showing that the condition giving rise to the penalty has occurred.
The subrule does not apply to forfeited civil recognizances under MCR 3.604 or to forfeited criminal recognizances under MCL 765.28.
Who collects a fine when the court does not order immediate commitment?
Subrule (E) assigns the work. The clerk of the court delivers a copy of the order imposing the fine to the prosecuting attorney of the county in which the court is held, or to the municipal attorney where the fine is payable to a municipality.
The prosecuting attorney or municipal attorney then obtains execution to collect the fine.