State of Michigan s10

STATE OF MICHIGAN _____ JUDICIAL DISTRICT COURT

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Plaintiff, vs. Case No. ______

Defendant.

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EX PARTE MOTION FOR ORDER ALLOWING SERVICE OF ORDER TO SEIZE PROPERTY BY ALTERNATE COURT OFFICER

Plaintiff, through its attorneys, moves this court to enter an ex parte order allowing service of an Order to Seize Property by Court Officer Jeff Kirkpatrick and in support hereof states as follows:

A judgment was entered in this court in favor of plaintiff and against defendant on ______.

Upon information and belief, defendant is in possession of personal property, and an Order to Seize Property is issued herewith directing any sheriff, deputy sheriff or court officer to seize property of the defendants sufficient to satisfy plaintiff’s judgment and the costs and fees of the Order to Seize Property.

Jeff Kirkpatrick is a duly authorized and bonded court officer of the 12th Judicial District Court, among others, acting primarily in Southern Michigan. Officer Jeff Kirkpatrick has extensive experience in matters involving the attachment and seizure of property. He frequently lecturers on seizure orders to members of the Michigan Bar at the Institute of Continuing Legal Education. He is the author of the Michigan Court Officers’ Civil Process Handbook.

Pursuant to MCL 600.6104(5) and MCR 2.621(A)(3), and in aid of execution, as such execution is permitted under MCL 600.6001, et seq, plaintiff seeks an ex parte order of this court authorizing Jeff Kirkpatrick, Court Officer of the Michigan District Courts, and all and every person and persons aiding and assisting him, to enter ______County for the purpose of taking such personal property owned by defendant, as would be available to an officer of the courts of ______County, and to sell the property so taken pursuant to the order to seize property issued herein.

Dated:______Plaintiff’s Attorney STATE OF MICHIGAN _____ JUDICIAL DISTRICT COURT

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Plaintiff, vs. Case No. ______

Defendant.

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EX PARTE ORDER ALLOWING SERVICE OF ORDER TO SEIZE PROPERTY BY ALTERNATE COURT OFFICER

At a session of court held in the courthouse in ______, Michigan, on the ___ day of ______, 2008.

Present: Honorable ______District Court Judge

This court has read and considered plaintiff's ex parte motion for an order allowing service of Order to Seize Property by an alternate court officer, and the court being otherwise fully advised in the premises; now therefore,

IT IS ORDERED that Jeff Kirkpatrick, a Court Officer of a Michigan District Court, and all and every person and persons aiding and assisting him, to enter ______County for the purpose of taking such personal property owned by defendant, as would be available to an officer of the courts of ______County, and to sell the property so taken pursuant to the Order to Seize Property issued herein. Court Officer Jeff Kirkpatrick is authorized to serve the Order to Seize Property issued by this court on defendant for the purpose of satisfying, fully or partially, the judgment entered by plaintiff against defendant.

Dated:______District Court Judge