Michigan Laws 801.318 – Civil action; jurisdiction; disposal of property; restraining order; appointment of receiver
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Terms Used In Michigan Laws 801.318
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Municipal jail: means a jail or lockup operated by a city, village, or township. See Michigan Laws 801.312
- Municipality: means any city, village, or township. See Michigan Laws 801.312
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Venue: The geographical location in which a case is tried.
(1) Consistent with section 7, the municipality may file the civil action in the district court to recover a money judgment and to enforce that judgment in the same manner as other money judgments entered by the district court. If the defendant is still an inmate in the municipal jail or county jail or is a prisoner in a state correctional facility, venue in a district of the first class is proper in the county where the municipal jail, county jail, or state correctional facility is located and in a district of the second or third class is proper in the judicial district where the municipal jail, county jail, or state correctional facility is located.
(2) If necessary to protect the municipality’s right to obtain reimbursement under this act against the disposition of known property, the municipality, in accordance with rules of the supreme court of this state, may seek issuance of an ex parte restraining order to restrain the defendant from disposing of the property pending a hearing on an order to show cause why the particular property should not be applied to reimbursement of the municipality for the maintenance and support of the defendant as an inmate.
(3) To protect and maintain the property pending resolution of the matter, the court, upon request, may appoint a receiver.