Notice of Hearing MC326 (by Dave [MI]) Oct 8, 2018 4:36 PM|
Notice of Hearing MC326 (by Plenty [MO]) Oct 9, 2018 7:21 AM
Notice of Hearing MC326 (by John... [MI]) Oct 9, 2018 7:59 AM
Notice of Hearing MC326 (by Dave [MI]) Oct 9, 2018 6:21 PM
Notice of Hearing MC326 (by John... [MI]) Oct 9, 2018 6:50 PM
Notice of Hearing MC326 (by Dave [MI]) Oct 10, 2018 6:19 AM
Notice of Hearing MC326 (by John... [MI]) Oct 10, 2018 12:48 PM
Notice of Hearing MC326 (by Dave [MI]) Posted on: Oct 8, 2018 4:36 PM
how to fill out notice of hearing and motion (form MC 326) in Michigan for supplemental money damages after receiving a money judgement and defendant owes additional rent because they did not move out after the 10 days ordered --99.12.xx.xx
Notice of Hearing MC326 (by Plenty [MO]) Posted on: Oct 9, 2018 7:21 AM
I have no idea. But if you are still in need of this information it would be nice of
reading to reply. --99.203.xx.xxx
Notice of Hearing MC326 (by John... [MI]) Posted on: Oct 9, 2018 7:59 AM
Wait -- have you completed the eviction yet? That should be your first step.
Basically, I assume that you have done the process through the DC105 (Possession Judgment), right? Basically, you went to court and the judge gave them 10 days to either pay up or move out. Correct? And, of course, 10 days have passed and they did not move out.
If that is the case, your next step is to request an Order of Eviction (DC107). This is usually pretty quick -- you fill it out and take it back to the court clerk and tell them that the 10 days have passed and they didn't leave. In most cases, they take it and tell you to come back in like 2 days or something -- and they have the judge sign it in the meantime. You don't have to appear in front of the judge again, the clerk just takes care of it.
Once issued, you then have to serve it on the tenant within 56 days -- usually by a Sheriff's deputy or Court Officer. They will often give them more time to arrange to move (7-10 days) before they will be physically removed.
If they aren't out at that point, then you need an officer to come and physically remove them.
So, let me know where you are in the process. If they are still there, you have a ways to go before you worry about getting the money judgment adjusted. You do that only after they are completely out and you have possession returned to you.
Notice of Hearing MC326 (by Dave [MI]) Posted on: Oct 9, 2018 6:21 PM
Thanks for the reply John, I filed the order of eviction and waiting to hear back from the court officer to set up the date and time to have tenant removed. I received the money judgment and possession judgment and the 10 days given to move have passed. There will be additional rent owed for October and the cost for the eviction, so I need to amend the judgment for supplemental money damages. The form MC-326 Notice of Hearing & Motion looks simple enough but looking for advice/examples on the proper wording for the “Motion Title” and what to write in the body of the “Motion” to ask to amend the judgment for the additional cost occurred, if you have gone thru this and used the form MC-326 or if I am off track and there is another way besides filing a motion let me know --99.12.xx.xx
Notice of Hearing MC326 (by John... [MI]) Posted on: Oct 9, 2018 6:50 PM
I've never had to do one. Basically, when you do the DC102, it has a spot for the amount due, and a spot for any additional fees (such as late fees) -- and then a spot for per-day additional "until judgment." So, the numbers are all there.
When you do the judgment (DC105), it will have a total amount of damages (past due rent plus additional charges such as late fees if your local court allows them) -- plus any "costs" (which is where you should have already listed most of the court costs so far). The DC105 actually ends up with two numbers -- one is a total that they can pay to stay -- and the other is the total money judgment. (The amount to pay to stay will be higher because it is for the rest of the month too and the money judgment is just to date.)
When they do not move after that and you have to do the full eviction, then you're going to have some additional expenses like you are talking about. It will just be for the additional days since judgment plus the fees for the final eviction service (and fees for the Sheriff's deputy to be there at put-out).
In general, those final fees owed are less than the S/D. Do you have any S/D? I subtract those fees from their S/D FIRST. Then I apply anything left towards the money judgment that is the rest owed.
Then you still have the money judgment moving forward so that you can try to garnish, for example.
Because of how that works, I've never had to do a MC-326 to adjust the money judgment. I can only see having to do that if you had no S/D at all (or a very tiny one). Is that the case for you?
Notice of Hearing MC326 (by Dave [MI]) Posted on: Oct 10, 2018 6:19 AM
Thanks, the general advice given has been spot on, I am looking to take it to the next level and file the Motion and get additional supplemental money damages, I have the money judgment and can do a Tax garnishment for that amount on the judgment but I what to have additional money’s adjusted before garnishing tenants wages, this is why doing the form MC-326 and going back before the Judge is important before going further, I need to do some more digging and find someone that has gone thru the process, I know, if all fails I can consult with a lawyer?
Notice of Hearing MC326 (by John... [MI]) Posted on: Oct 10, 2018 12:48 PM
So, again, I'm a bit confused. Did you have a security deposit at all? And, if so, you're saying that amount is ABOVE the difference between the money judgment and the few weeks that they should have been physically evicted if you followed the normal timeline? I just don't see why you have so much above and beyond the initial money judgment that you'd need to get a new judgment -- unless you had no security deposit at all?
Also, just so you know, a money judgment is NOT required to garnish in Michigan. You simply have to have a valid debt. The money judgment just helps to prove that if it is challenged.
In other words, say you have a Money Judgment for $2000, but they ended up owing you $3000 in the end. You should file for garnishment for the $3000 owed. You have a valid debt. It generally won't be challenged because they KNOW you have a judgment against them.
That's my 2c, at least. Sorry I don't have any personal knowledge on the MC-326 for you though!