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MI HB6070

Bill

Status

Introduced

5/24/2018

Primary Sponsor

Peter Lucido

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Origin

House of Representatives

99th Legislature

AI Summary

  • Expands officers authorized to execute writs of restitution in eviction cases to include court officers, bailiffs, deputy sheriffs, and other authorized process servers, in addition to sheriffs.

  • Allows immediate issuance of writs of restitution after judgment for possession when certain conditions are met, including housing code violations, forcible entry, unlawful possession by force, trespass without title, or serious health hazards caused by tenant.

  • Requires 90-day waiting period before writ issuance for executory contract forfeitures when less than 50% of purchase price paid; 6-month waiting period when 50% or more paid.

  • Maintains 10-day waiting period for writs of restitution in cases not covered by the immediate issuance or extended waiting period provisions.

  • Changes conditional language from "when" to "if" and "shall" to "must" throughout the section for clarity; takes effect 90 days after enactment.

Legislative Description

Civil procedure; evictions; writ of restitution; allow to be executed by a court officer, bailiff, or deputy sheriff. Amends sec. 5744 of 1961 PA 236 (MCL 600.5744).

Civil procedure: evictions

Last Action

Bill Electronically Reproduced 05/24/2018

5/29/2018

Committee Referrals

Judiciary5/24/2018

Full Bill Text

No bill text available