SERVICE OF SUMMONS IN LAND CONTRACT PROCEEDINGS
Sponsor: Rep. James Koetje
Committee: Civil Law and the Judiciary
Complete to 6-18-01
A SUMMARY OF HOUSE BILL 4174 AS INTRODUCED 2-13-01
Civil actions to recover possession of real property (as in landlord-tenant disputes and in land contract forfeitures) are governed by Chapter 57, "Summary Proceedings to Recover Possession of Premises," of the Revised Judicature Act. Currently, a summons served on a defendant to appear in a civil proceeding concerning a land contract forfeiture orders the defendant to appear for trial within 15 days of the court's issuance of the summons, and the summons must be served at least ten days before the date set for trial. (In other civil proceedings, the defendant is given 10 days from the issuance of the summons by the court to appear for trial, and the summons must be served at least three days before the trial date.)
The bill would amend the act to double the amount of time, from the current 15 days to 30 days, given for a defendant in land contract forfeiture proceedings to appear for trial after the issuance of a summons by the court.
MCL 600.5735
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This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.