SERVICE OF EXECUTION; MODIFY                                                                  S.B. 420:

                                                                                                    SUMMARY OF BILL

                                                                                     REPORTED FROM COMMITTEE

 

 

 

 

 

 

 

 

 

Senate Bill 420 (as reported without amendment)

Sponsor:  Senator Peter J. Lucido

Committee:  Judiciary and Public Safety

 


CONTENT

 

The bill would amend the Revised Judicature Act to do the following:

 

 --    Extend, from 90 to 180, the maximum number of days an execution would have to be made returnable after its effective date.

 --    Allow an officer who served an execution to physically or constructively seize property subject to execution.

 --    Specify that if an execution were received by a person who was not an officer, he or she could not serve the execution but would have to deliver it promptly to the issuing court.

 --    Modify certain circumstances under which a fee would be allowed for process or papers served out of a court in the State by a person authorized to serve process.

 

MCL 600.2559 et al.                                               Legislative Analyst:  Stephen Jackson

 

FISCAL IMPACT

 

The bill would have no fiscal impact on State or local government. Although the bill would include money within the types of property for which an officer could charge a fee to seize, would allow a fee to be charged for the constructive seizure (in addition to the physical seizure) of property, and would double the time limit for which a court order must be executed, the fees in question do not remit to the local courts or to the State, but to the officers executing those orders. Because none of the fees affected by the bill create revenue for the State or local units of government, the bill would have no fiscal impact.

 

Date Completed:  1-6-20                                                Fiscal Analyst:  Michael Siracuse

 

 

 

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.