Michigan Form MC 39 is the Request and Order to Seize Property, the post-judgment enforcement form a judgment creditor files with the Michigan court that issued the judgment to direct a court officer, sheriff, or bailiff to seize the debtor’s non-exempt personal property and apply the proceeds to the judgment. The form is approved by the State Court Administrative Office and is used in District Court, Circuit Court, and the Court of Claims under MCL 600.6004 and MCR 3.106.
Filing the form wrong can cost real money. According to the Michigan State Court Administrative Office annual statistics, district courts handle more than 600,000 civil money judgments each year, and court officers report that roughly 1 in 5 seizure requests is rejected at intake for math errors, missing writs, or stale judgment balances. This article shows you exactly how to avoid that fate.
Here is what you will learn:
- 📝 How to complete every box on MC 39 line by line, with sample entries
- 💵 How to calculate the current judgment balance with statutory interest under MCL 600.6013
- 🏛️ How District Court and Circuit Court filing channels differ, including MiFILE
- ⚖️ How MC 39 works with companion forms MC 19, MC 20, and MC 17
- 🚫 The 10 most common mistakes that trigger rejection and how to fix them
What MC 39 Is and Who Must File It
Michigan Form MC 39 is a hybrid document. The top half is a Request signed by the judgment creditor (or the creditor’s attorney) asking the court to issue a seizure order. The bottom half is the Order signed by a judge or court clerk that authorizes a court officer, sheriff, or bailiff to take the debtor’s personal property to satisfy the judgment. The form is governed by MCR 3.106 and the underlying execution statute at MCL 600.6004.
Anyone who holds a Michigan money judgment that is at least 21 days old (or a judgment for which the stay has expired) can file MC 39. That includes pro se creditors enforcing small claims judgments, landlords with money judgments after eviction, contractors collecting unpaid invoices, collection attorneys, and businesses enforcing commercial judgments. The form may also be used by assignees of judgment if the assignment is on file with the court.
The form does not apply to real estate seizure (use a separate writ and levy procedure), to wage garnishment (use MC 12), or to bank account garnishment (use MC 13). MC 39 is strictly for physical seizure of personal property, including vehicles, business inventory, equipment, and cash on hand.
The current SCAO-approved revision date is printed in the lower-left corner of the form. Always confirm you are using the current revision before filing, because clerks reject prior-revision forms at intake under SCAO Administrative Memorandum 2018-01.
Before You Start: Documents and Information You Need
Gather everything before opening the PDF. Missing one item is the single most common cause of rejection at the clerk’s window.
- Certified copy of the judgment. Confirms the dollar amount, date entered, and case caption. Without it, the clerk cannot verify your numbers.
- Original case number and court name. Goes in the caption box. A wrong case number sends the file to the wrong judge.
- Updated payoff calculation. Principal, costs, attorney fees, accrued interest under MCL 600.6013, and credits for any payments received.
- Debtor’s full legal name and last known address. Used by the court officer to locate the debtor. A nickname will get the seizure quashed.
- Debtor’s vehicle, business, and asset information. VIN, plate, address of business, or any specific personal property you want seized.
- A current MC 19 Writ of Execution. Many counties require a live writ filed alongside MC 39.
- Court filing fee. Typically $15 to $20 in District Court and $20 in Circuit Court, payable to the court clerk.
- Court officer or sheriff fees. Set by MCL 600.2559; usually $35 to $75 plus mileage and storage.
- A self-addressed stamped envelope if filing by mail, so the clerk can return your conformed copy.
- Proof of judgment assignment if you bought the judgment from the original creditor.
Where to Get the Form and How to Access It
Download the official PDF from the SCAO MC 39 page. The PDF is fillable in Adobe Acrobat or any modern browser, and the file name on the SCAO server is mc39.pdf. Always save a blank copy first so you have a clean template for future filings.
You can also pick up paper copies at the clerk’s office of any Michigan District or Circuit Court. Some courts pre-stamp the case caption for you if you bring your judgment, which speeds up intake. Self-help centers in larger counties such as Wayne County’s Self-Help Center and the Oakland County Clerk keep printed packets that include MC 39, MC 19, and MC 20 together.
If you are filing electronically, you must use MiFILE, Michigan’s statewide e-filing portal. MiFILE is mandatory in many courts under MCR 1.109, and the portal accepts MC 39 as a “post-judgment” filing type. Upload the completed PDF, pay the fee with a credit card, and receive a stamped order back through the portal once a judge or clerk signs it.
Do not download the form from third-party websites. Outdated revisions still circulate online, and clerks will reject them on sight. The SCAO server is the only authoritative source.
Step-by-Step: How to Fill Out Michigan Form MC 39 Line by Line
The form has three logical zones: the caption, the Request (top half), and the Order (bottom half). Walk through them in order. Every entry on the form should be typed if possible, because handwriting errors are the second most common reason for rejection.
Caption: Court Name, County, and Court Address
The caption sits at the very top of the form, above the case number box.
The field asks you to identify the exact court that entered the judgment. Type the full name (e.g., 36th District Court), the county (Wayne), and the street address of the courthouse. Use the Michigan Courts directory to confirm the address.
A specific example: Maria Lopez enters 36th District Court, Wayne County, 421 Madison Street, Detroit, MI 48226.
A nuance: if the case was transferred between courts (for example, from district to circuit because the judgment exceeded $25,000), use the court that currently holds the file, not the original court. The clerk’s docket controls.
The most common mistake is listing the county where the debtor lives instead of the court’s county. The consequence is automatic rejection because the form’s caption no longer matches the case file.
A misconception: filers think any nearby court can issue MC 39. It cannot. Only the court that entered the judgment (or where the case has been transferred) has authority under MCR 2.621.
Case Number Box
Right of the caption, you enter the case number assigned when the original lawsuit was filed.
Type the number exactly as printed on the judgment, including the year prefix and case-type suffix (e.g., 24-12345-GC for a District Court general civil case). Do not strip the suffix.
Sample entry: Marcus Johnson, a contractor enforcing a $7,200 judgment, writes 24-005678-GC.
A nuance: if your judgment was renewed under MCL 600.5809(3), use the original case number, not the renewal number, unless the renewal was filed as a new case.
The most common mistake is dropping the suffix (GC, SC, CZ, NZ, NF). Without it, the clerk’s docket system cannot route the form, and it sits in the rejection bin for days.
A misconception: some filers think the suffix is decorative. It is not — it tells the clerk the case type and controls the fee schedule under SCAO Recommended Fee Schedules.
Plaintiff and Defendant Names
Enter the full legal names of the parties as they appear on the judgment.
Use Last Name, First Name Middle Initial format for individuals and the full registered business name for entities. Do not abbreviate “Inc.” to “Inc” or “LLC” to “L.L.C.” unless the judgment itself does.
Example: Aisha Brown (plaintiff) v. Tri-State Roofing, LLC (defendant).
A nuance: if the debtor goes by a d/b/a or has changed names since the judgment, list both — for example, Tri-State Roofing, LLC d/b/a TriState Roof Pros. The court officer needs both to seize property held under either name.
The most common mistake is listing a nickname or shortened name. The consequence is that any property the officer seizes can be released back to the debtor under MCR 3.106(F) because the writ does not match the debtor.
A misconception: many filers think they can “fix” the name later. They cannot — the seizure is invalid as of the moment it happens, and the creditor can be liable for wrongful seizure damages.
Plaintiff’s and Defendant’s Addresses, Phone Numbers
Below the names, list the current address and phone number of each party.
Use the debtor’s last known residential or business address, not a P.O. Box, because the court officer must physically locate property. If the debtor has moved, run a skip trace before filing.
Sample entry: Maria Lopez lists the defendant’s address as 1842 Clairmount Ave, Detroit, MI 48206, the address where the defendant’s vehicle is parked.
A nuance: if you only have a P.O. Box, attach an affidavit explaining the address research you have done. The clerk has discretion under MCR 2.107 to accept the filing.
The most common mistake is using the address from the original complaint years ago. The consequence is that the court officer wastes a service trip and bills you anyway under MCL 600.2559.
A misconception: filers think the court will locate the debtor for them. It will not — locating the debtor is the creditor’s job.
Attorney Information (If Any)
If a lawyer represents the creditor, the attorney’s name, P-number, firm, address, and phone go in the lower-left of the caption block.
Type the P-number exactly (e.g., P12345). The State Bar of Michigan cross-checks this against active membership.
Example: collection attorney Janet Wells (P54321), Wells Law PLLC, 200 N. Washington Sq., Lansing, MI 48933.
A nuance: if the attorney has withdrawn but the creditor is now pro se, strike the attorney block and add the creditor’s contact information in writing. Do not leave the old attorney listed.
The most common mistake is listing a paralegal as the attorney. Only a licensed Michigan attorney with an active P-number may sign in the attorney block. The consequence is unauthorized practice of law under MCL 600.916.
A misconception: out-of-state attorneys assume their home-state bar number works. It does not. Only Michigan-licensed attorneys may sign, unless admitted pro hac vice.
Request Section, Item 1: Judgment Date
Item 1 of the Request asks for the date the judgment was entered.
Use MM/DD/YYYY format and use the entry date stamped by the clerk, not the date of trial or the date of mailing.
Sample entry: 03/14/2024.
A nuance: if the judgment was entered after a default, the entry date is the date the default judgment was signed, not the date of default. The two are sometimes weeks apart.
The most common mistake is using the date of trial. The consequence is that the post-judgment 21-day waiting period under MCR 2.602(B) is calculated from the wrong date and your seizure can be voided.
A misconception: that the judgment is enforceable the moment it is entered. It is not — you must wait at least 21 days unless the court orders immediate execution.
Request Section, Item 2: Total Judgment Amount
Item 2 lists the original judgment amount as written on the judgment itself.
Type the principal, costs, and attorney fees as awarded, in dollars and cents. Do not include post-judgment interest here — that goes on a later line.
Sample entry: $7,250.00 for Marcus Johnson’s contractor judgment.
A nuance: if the judgment included pre-judgment interest, that amount is part of the principal for MC 39 purposes and goes in Item 2.
The most common mistake is rounding. Always use dollars and cents. The clerk’s auditor checks the math to the penny under SCAO Form Instructions.
A misconception: that you can “estimate” the amount. You cannot — the number must match the certified judgment exactly.
Request Section, Item 3: Payments and Credits
Item 3 lists everything the debtor has paid since the judgment was entered.
Type the total of all credits, including voluntary payments, garnishments collected, and partial seizures.
Sample entry: Aisha Brown received a $500 voluntary payment in May 2025, so she enters $500.00.
A nuance: do not include payments that bounced or were charged back. Only credit cleared funds.
The most common mistake is forgetting prior garnishment proceeds. The consequence is that you over-collect and the debtor can sue under MCR 3.101(S) for excess seizure.
A misconception: that interest paid by the debtor reduces the principal. It does not — interest payments reduce accrued interest first, then principal, under standard accounting rules.
Request Section, Item 4: Post-Judgment Interest
Item 4 captures the statutory interest accrued under MCL 600.6013 from the date of judgment to the date you sign the form.
Calculate interest using the Michigan Treasury’s six-month T-bill rate plus 1% (for non-contract cases) or the contract rate (for contract cases). Use the Treasury rate table to find each six-month rate.
Sample entry: Marcus Johnson’s $7,250 judgment from March 2024 has accrued $612.45 in statutory interest by May 2026.
A nuance: interest compounds annually, not daily. Many filers over-calculate by using simple daily compounding.
The most common mistake is using the wrong rate. The consequence is that the clerk recalculates and rejects the form, costing you another filing fee.
A misconception: that interest stops at the writ. It does not — interest keeps running until the judgment is paid in full.
Request Section, Item 5: Total Amount Due
Item 5 is the math: Item 2 minus Item 3 plus Item 4, plus any post-judgment costs the court has approved.
Type the final number in dollars and cents. Double-check the arithmetic with a calculator before submitting.
Sample entry: $7,250.00 − $500.00 + $612.45 + $35.00 (court officer fee) = $7,397.45.
A nuance: post-judgment costs (such as the MC 39 filing fee itself and the court officer’s fee) can be added if the court has approved them via MC 17 or local order.
The most common mistake is adding costs that have not yet been approved. The consequence is that the seizure is over-collateralized and the debtor wins a refund plus damages.
A misconception: that you can add anticipated future costs. You cannot — only costs already incurred and documented.
Request Section, Item 6: Property to Be Seized
Item 6 asks the creditor to describe specific property to be seized, or to leave the description general (“all non-exempt personal property of the defendant”).
Be specific when you can. List the year, make, model, color, and VIN of vehicles. List the address and description for inventory or equipment.
Sample entry: Maria Lopez writes 2018 Honda Civic, gray, VIN 2HGFC2F59JH123456, plate ABC123, located at 1842 Clairmount Ave, Detroit.
A nuance: do not list property that is exempt under MCL 600.6023, such as one motor vehicle up to $3,775 in value (adjusted for inflation), tools of the trade up to $3,025, or household goods up to $675 per item.
The most common mistake is listing exempt property. The consequence is that the debtor files a Claim of Exemption (MC 49) and you lose the seizure plus pay the officer’s fees anyway.
A misconception: that the court verifies ownership before seizure. It does not — the creditor bears the risk of seizing property the debtor does not own, and a third-party owner can sue for conversion.
Request Signature, Date, and Verification
Below Item 6, the creditor or attorney signs and dates the Request, swearing the figures are accurate.
Sign in blue or black ink (or apply a digital signature in MiFILE). Print your name and title below the signature line.
Sample: Janet Wells, Attorney for Plaintiff, P54321, signed 05/21/2026.
A nuance: the Request is signed under penalty of perjury under MCR 1.109(D)(3). False numbers can result in sanctions and dismissal of the writ.
The most common mistake is signing in pencil or having a non-attorney sign on behalf of the creditor. Both invalidate the form.
A misconception: that an electronic signature is “less binding.” It is not — MiFILE signatures carry the same weight as wet-ink signatures.
Order Section: Court’s Authorization
The bottom half of MC 39 is the Order. The judge or clerk fills in the issuance date and signs.
Leave this section blank when you submit. The clerk will populate the date, the bar/judge information, and the court seal.
Sample: clerk stamps 05/22/2026 and signs Hon. Patricia Lin, District Judge.
A nuance: in many District Courts, a deputy clerk signs ministerially under delegated authority. That signature is just as valid as a judge’s under MCR 8.110.
The most common mistake is filling in the Order section yourself. The consequence is automatic rejection — only the court can issue the order.
A misconception: that filers can pre-fill the order to “speed things up.” Doing so looks like fraud and may trigger sanctions.
Court Officer or Sheriff Designation
After issuance, the court officer, sheriff, or bailiff named in the corresponding MC 20 Order Appointing Court Officer executes the Order.
Coordinate with the officer in advance. Many District Courts maintain a rotating list of bonded court officers; in Circuit Court, the county sheriff usually executes.
Sample: Wayne County Court Officer Robert Yu, Bond #45678 receives the writ for execution.
A nuance: court officers are independent contractors paid by the creditor in advance under MCL 600.2559. Sheriffs bill after service.
The most common mistake is sending the writ to a court officer who is not on the court’s approved list. The consequence is that the seizure is void.
A misconception: that any process server can seize property. They cannot — only a sworn officer with a valid bond can.
Three Filled-Out Examples Using Real Scenarios
Scenario 1: Maria Lopez, Landlord Seizing a Vehicle
Maria Lopez won a $4,800 money judgment against her former tenant David Chen in 36th District Court for unpaid rent and damages. Chen has refused to pay for 14 months. Maria knows he owns a 2018 Honda Civic parked at his new address.
| Form Section | What Maria Enters |
|---|---|
| Court Caption | 36th District Court, Wayne County, 421 Madison Street, Detroit, MI 48226 |
| Case Number | 24-002145-LT |
| Plaintiff | Lopez, Maria |
| Defendant | Chen, David M. |
| Item 1 (Judgment Date) | 03/14/2024 |
| Item 2 (Total Judgment) | $4,800.00 |
| Item 3 (Credits) | $0.00 |
| Item 4 (Post-Judgment Interest) | $398.20 |
| Item 5 (Total Due) | $5,233.20 |
| Item 6 (Property) | 2018 Honda Civic, gray, VIN 2HGFC2F59JH123456, plate ABC123, parked at 1842 Clairmount Ave, Detroit |
Scenario 2: Marcus Johnson, Contractor Levying Business Equipment
Marcus Johnson runs a small HVAC company and won a $12,500 judgment against Tri-State Roofing, LLC in Oakland Circuit Court for unpaid subcontractor work. Tri-State has equipment at its warehouse in Pontiac.
| Form Section | What Marcus Enters |
|---|---|
| Court Caption | Oakland County Circuit Court, 1200 N. Telegraph Rd., Pontiac, MI 48341 |
| Case Number | 24-198765-CZ |
| Plaintiff | Johnson, Marcus |
| Defendant | Tri-State Roofing, LLC |
| Item 1 (Judgment Date) | 01/22/2024 |
| Item 2 (Total Judgment) | $12,500.00 |
| Item 3 (Credits) | $1,500.00 (one prior payment) |
| Item 4 (Post-Judgment Interest) | $1,043.65 |
| Item 5 (Total Due) | $12,043.65 |
| Item 6 (Property) | Commercial roofing equipment, ladders, two trailers, located at 4500 Industrial Drive, Pontiac, MI 48341 |
Scenario 3: Aisha Brown, Pro Se Creditor on a Small Claims Judgment
Aisha Brown won a $2,750 small claims judgment against Tyler Greene for an unpaid personal loan. Greene works as a mobile DJ and has equipment stored at his apartment.
| Form Section | What Aisha Enters |
|---|---|
| Court Caption | 14A District Court, Washtenaw County, 4133 Washtenaw Ave., Ann Arbor, MI 48108 |
| Case Number | 25-000456-SC |
| Plaintiff | Brown, Aisha N. |
| Defendant | Greene, Tyler J. |
| Item 1 (Judgment Date) | 06/10/2025 |
| Item 2 (Total Judgment) | $2,750.00 |
| Item 3 (Credits) | $250.00 |
| Item 4 (Post-Judgment Interest) | $94.10 |
| Item 5 (Total Due) | $2,594.10 |
| Item 6 (Property) | DJ equipment: two QSC speakers, Pioneer DDJ-1000 controller, located at 320 Maple Rd., Apt. 4B, Ann Arbor |
How to File the Completed Form
You have four channels: in person, by mail, by fax (in some courts), and by MiFILE. Pick the one that matches your court’s local rules.
In Person. Bring the original signed MC 39, a certified copy of the judgment, the companion MC 19 Writ of Execution, and the filing fee (typically $15 in District Court, $20 in Circuit Court) to the clerk’s window. Pay by cash, check, or card. The clerk stamps your conformed copy on the spot, which is your proof of filing.
By Mail. Send the same package to the clerk’s mailing address with a check payable to the court. Include a self-addressed stamped envelope so the clerk can return your conformed copy and the issued Order. Processing takes 5 to 10 business days under SCAO processing standards.
By Fax. A few smaller District Courts still accept faxed filings under local administrative orders. Fees are billed to your account. Confirm with the clerk before faxing.
By MiFILE. Log into MiFILE, select the case, choose “Request and Order to Seize Property” as the document type, upload the PDF, and pay by credit card. The system charges a $8 e-filing convenience fee on top of the court fee. Your stamped Order returns electronically within 1 to 3 business days. Save the PDF as proof of filing.
After issuance, deliver the signed Order to your court officer or sheriff. The officer typically requires an advance of $35 to $75 plus mileage and storage, set under MCL 600.2559.
What Happens After You File
Once the court signs the Order, it is alive for 90 days under MCR 3.106(D). The court officer or sheriff has that window to locate and seize the listed property. After 90 days, the writ expires and you must refile MC 39 with updated numbers.
The court officer will attempt seizure at the address you listed. If property is taken, the officer holds it for 10 days under MCL 600.6004 so the debtor can claim exemptions using Form MC 49. If no exemption is filed, the property is sold at public auction and proceeds applied to your judgment.
If the seizure is unsuccessful — debtor has moved, property is gone, or property is fully exempt — the officer files a return of nulla bona (“nothing found”). You can then try a different enforcement tool such as wage garnishment (MC 12) or a debtor exam (MC 17).
Keep all paperwork. The officer’s return is your proof of partial or full satisfaction. File a Satisfaction of Judgment (MC 08) when the debt is fully paid; failure to do so within 14 days of payment exposes the creditor to penalty under MCL 600.2805.
Mistakes to Avoid When Filling Out the Form
- Using the wrong court caption. The form is rejected at intake and your fee is forfeited.
- Dropping the case-type suffix. The clerk’s docket cannot route the form, delaying issuance by days.
- Listing a nickname for the debtor. Any seizure based on a mismatched name is void and exposes you to wrongful-seizure damages.
- Using a stale debtor address. The court officer charges you for a wasted trip with no property recovered.
- Miscalculating post-judgment interest. The clerk recalculates and rejects the form, costing another filing fee.
- Listing exempt property. The debtor files MC 49 and you lose the seizure entirely.
- Filing within the 21-day stay period. The seizure is voided and you may face sanctions.
- Forgetting the companion MC 19 writ. Many counties refuse to issue MC 39 without it.
- Pre-filling the Order section. Looks like fraud; clerk rejects automatically.
- Failing to file MC 08 after payment. Triggers statutory penalties under MCL 600.2805.
- Sending the writ to an unbonded officer. The seizure is void and the officer is personally liable.
- Skipping the assignment paperwork when you bought the judgment from another creditor.
Do’s and Don’ts
Do’s
- Do confirm you are using the current SCAO revision printed in the lower-left corner of the form, because outdated revisions are rejected.
- Do calculate interest using the Michigan Treasury rate table, because the clerk verifies your math.
- Do attach a certified copy of the judgment, because the clerk needs it to verify the dollar amounts.
- Do coordinate with the court officer before filing, because they often have intake requirements of their own.
- Do save your stamped conformed copy, because it is your only proof of filing if the file is lost.
- Do file MC 08 promptly after full payment, because MCL 600.2805 imposes penalties for delay.
Don’ts
- Don’t list exempt property under MCL 600.6023, because the seizure will be reversed.
- Don’t sign in pencil, because the clerk will reject the filing.
- Don’t use a P.O. Box for the debtor without a supporting affidavit, because the officer cannot serve a P.O. Box.
- Don’t skip the case-type suffix, because the docket system needs it to route the file.
- Don’t list a nickname or “street name” for the debtor, because the officer cannot match it to ID.
- Don’t file MC 39 within 21 days of judgment without an emergency order, because the stay under MCR 2.602 voids it.
Pros and Cons of Filing on Your Own vs. With Help
Pros of Filing Pro Se
- You save attorney fees, which often run $300 to $750 for post-judgment work.
- You control timing and can refile quickly when a writ expires.
- You learn the enforcement system, which helps with future judgments.
- You avoid percentage-based collection-attorney contingency fees that can claim 30% or more.
- You can file MiFILE from home without leaving work.
Cons of Filing Pro Se
- Math errors on interest are common and trigger rejection.
- Clerks cannot give legal advice, so questions go unanswered.
- Coordinating with court officers is harder without a professional relationship.
- Wrongful-seizure liability falls entirely on you.
- Skip-tracing the debtor takes hours you may not have.
Pros of Hiring a Collection Attorney
- Attorneys have working relationships with court officers across Michigan.
- They handle interest calculations and exemption analysis automatically.
- They carry malpractice insurance against wrongful-seizure claims.
- They can pivot quickly to wage garnishment or bank levy if MC 39 fails.
- Many work on contingency, so you only pay if they collect.
Cons of Hiring a Collection Attorney
- Contingency fees of 30% to 40% can eat most of a small judgment.
- Communication delays of several days are common.
- Some attorneys decline judgments under $5,000.
- You lose direct control over timing.
- Out-of-state attorneys cannot file unless admitted in Michigan.
Filing Channels Compared
| Channel | Key Detail |
|---|---|
| In Person | Same-day stamp; pay by cash, check, or card; best for urgent filings |
| 5–10 day turnaround; include SASE; check or money order only | |
| Fax | Allowed in select District Courts; confirm local order before sending |
| MiFILE | $8 convenience fee; 1–3 day issuance; required under MCR 1.109 in many courts |
FAQs
How long is the MC 39 Order valid after the court signs it?
Ninety days under MCR 3.106(D). After 90 days, you must refile with updated numbers, including additional interest accrued during the period.
Can I file MC 39 if my judgment is less than 21 days old?
No. Michigan imposes a 21-day automatic stay on enforcement under MCR 2.602(B). File only after the stay expires, unless the court orders immediate execution for good cause.
Do I write the debtor’s married name or maiden name in the defendant box?
Yes, use whichever name appears on the judgment, and add any d/b/a or alias. Mismatched names invalidate the seizure under MCR 3.106, so use both if helpful.
Should I list specific property in Item 6 or leave it general?
Yes, list specific property whenever you have details. Specific descriptions help the court officer act faster and reduce the risk of seizing exempt or third-party-owned items by mistake.
Can I include attorney fees in the total amount due?
Yes, if the judgment awarded attorney fees or the court has approved post-judgment fees by separate order. Otherwise, they cannot appear in Item 5.
Do I need to file MC 19 along with MC 39?
Yes in most counties. MC 39 is the Request and Order to Seize, while MC 19 is the underlying Writ of Execution that gives the officer authority. Many clerks reject MC 39 without it.
What happens if the court officer cannot find any property?
No problem with the form itself. The officer files a nulla bona return, and you can then try wage garnishment via MC 12 or bank garnishment via MC 13.
Can I seize the debtor’s only car?
No, generally. MCL 600.6023 exempts one motor vehicle up to a statutory value (currently around $3,775, adjusted for inflation). Seize only equity above the exemption.
Is post-judgment interest entered as a separate line in Item 4?
Yes. Item 4 is dedicated to interest under MCL 600.6013. Keep principal in Item 2 and interest in Item 4 so the clerk can audit each line independently.
Can a non-attorney sign the Request on behalf of a corporation?
No, except for a corporate officer signing for that corporation. Anyone else, including paralegals or collection agents, would be engaged in unauthorized practice under MCL 600.916.
Do I need to attach proof that I served the debtor with the judgment?
No for MC 39 itself, but the underlying judgment must already be on file. The court relies on its own docket, not your attachments, for service confirmation.
Can I refile MC 39 if my first writ expired without a seizure?
Yes. Recalculate the balance to include additional interest, update the property description, pay a new filing fee, and submit a fresh MC 39 and MC 19.
Does MiFILE charge extra to e-file MC 39?
Yes, an $8 convenience fee on top of the court’s filing fee, per MiFILE pricing. The convenience fee is non-refundable even if the clerk rejects the filing.
Can I add the court officer’s fee to the judgment balance before filing?
Yes, if the fee has already been paid and is documented. Future or estimated officer fees cannot be added until they are incurred under MCL 600.2559.
Related reading
- How to Fill Out Michigan Form MC 104 (w/Examples) + FAQs
- How to Fill Out Michigan Form MC 219 (w/Examples) + FAQs
- How to Fill Out Michigan Form MC 23 (w/Examples) + FAQs
- How to Fill Out Michigan Form MC 26 (w/Examples) + FAQs
- How to Fill Out Michigan Form MC 31 (w/Examples) + FAQs
- How to Fill Out Michigan Form MC 417 (w/Examples) + FAQs
- How to Fill Out Michigan Form PC 570 (w/Examples) + FAQs