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Michigan Order On Motion To Set Aside Forfeiture And Discharge of Bond

Michigan Order On Motion To Set Aside Forfeiture And Discharge of Bond

Name: Michigan Order On Motion To Set Aside Forfeiture And Discharge of Bond
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.68 (416 reviews)

Category:

Michigan Statewide - General

State:

Michigan

Control #:

MI-SKU-1053

Format:

Instant download

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Description

Order On Motion To Set Aside Forfeiture And Discharge of Bond Michigan Order On Motion To Set Aside Forfeiture And Discharge of Bond is a legal document used in the state of Michigan. It is submitted by a party to the court seeking to set aside a forfeiture and discharge a bond. When the court grants the motion, the bond is no longer active and all parties have been released from their obligations. There are two types of Michigan Order On Motion To Set Aside Forfeiture And Discharge of Bond: 1) an order to set aside the forfeiture and discharge the bond; and 2) an order to set aside the forfeiture and return the bond to the obliged (person or entity that posted the bond). In either case, the court must determine that the bond is no longer necessary or that the party requesting the motion has a legal right to the bond.

Michigan Order On Motion To Set Aside Forfeiture And Discharge of Bond is a legal document used in the state of Michigan. It is submitted by a party to the court seeking to set aside a forfeiture and discharge a bond. When the court grants the motion, the bond is no longer active and all parties have been released from their obligations. There are two types of Michigan Order On Motion To Set Aside Forfeiture And Discharge of Bond: 1) an order to set aside the forfeiture and discharge the bond; and 2) an order to set aside the forfeiture and return the bond to the obliged (person or entity that posted the bond). In either case, the court must determine that the bond is no longer necessary or that the party requesting the motion has a legal right to the bond.

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FAQ

To ask a court to set aside (cancel) a court order or judgment, you have to file a ?request for order to set aside,? sometimes called a ?motion to set aside? or ?motion to vacate.? The terms ?set aside? or ?vacate? a court order basically mean to ?cancel? or undo that order to start over on a particular issue.

You file a motion by completing the form and filing it with the same court that signed the default entry or default judgment. There is a $20 motion fee for filing a motion to set aside default.

A motion may seek relief from one judgment only. If the defendant desires to challenge the validity of additional judgments, the defendant must do so by separate motions. For the purpose of this rule, multiple convictions resulting from a single trial or plea proceeding shall be treated as a single judgment.

(1) A motion to set aside a default or a default judgment, except when grounded on lack of jurisdiction over the defendant, shall be granted only if good cause is shown and statement of facts showing a meritorious defense, verified in the manner prescribed by MCR 1.109(D)(3), is filed.

Upon the issuance of the arrest warrant, the court may then enter an order revoking the release order and declaring the bail money deposited, personal recognizance bond, surety bond, or 10% bond, if any, forfeited.

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The forfeited surety bond has not been fully paid and defendant was apprehended within 56 days of the entry of the forfeiture judgment. 4. a. IT IS ORDERED: The motion is denied. 5.The bond forfeiture is set aside and the bond is discharged. The petition to set aside forfeiture does not toll the statutory 60 day period for entry of a judgment. A motion to vacate or set aside forfeiture does not toll the statutory time period before the entry of a judgment in accordance with section 903. Once bond is forfeited, and has not been set aside, the State's. Attorney must file a motion to enter a judgment of default execution. Instead, we will direct the trial court to enter an order exonerating the bond. (B) Any motion for a bail forfeiture to be set aside must be filed with the clerk of court within ninety days of the date of the order of forfeiture. Satisfy bond forfeitures for a period of 60 days or more.

Michigan Order On Motion To Set Aside Forfeiture And Discharge of Bond

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