CIVIL DIVISION
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Process Service
Fees
Property
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The civil duties of this office are as follows:
SERVICE OF PROCESS –
For papers to be served personally: A wide range of court papers and inmates
in the Macomb County Jail can be personally served through this division. Fees
are determined by location and can be found on the following Fee Schedule
(please note that each paper served is charged a fee which means that multiple
services to the same address requires more than one fee). Types of papers served
by this department are:
- Summons and Complaints
- Affidavits and Accounts
- Order to Show Cause
- Subpoenas
- Small Claims
- Garnishments
- Divorce Papers
- Personal Protection Orders (PPO’s)
For papers to be posted in a public place: In the city or township for Notice
of Sale under an Order for the Seizure of Property or Construction liens, please
use the same fee schedule as papers for personal service.
For papers to be served by mail: A $15.00 fee is charged.
Please send papers to be served/posted/mailed along with the proper fee to the
following address: Macomb County Sheriff-Civil Division, 10 N. Main, Mt.
Clemens, MI 48043.
Please note: Any information regarding the person(s) being served such as: type
of car driven, hours of employment, hours most likely to be at address,
description, etc. would be appreciated and could expedite service. Also, if an
address provided is incorrect and we are able to obtain a correct address, an
additional fee of $15.00 will be charged.
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HERE FOR FEE SCHEDULE
Please make all checks payable to: Writs, Inc. and include a self-addressed
stamped envelope for return of your proof of service. Thank you.
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SEIZING OF PROPERTY- Request and Order to Seize
Property, Order of Eviction or Writ of Restitution of Premises can be directed
to this division for execution. Please note that a $50.00 deposit should
accompany the papers, which can also be sent to the 10 N. Main address noted
above.
Fees- Order Returned Satisfied
If an Order for Seizure of Property is returned satisfied and if satisfied prior
to the sale or settlement between parties, the following fees apply: 7% of the
first $5,000 in payments or settlement amounts + 3% of payments or settlements
exceeding the first $5,000 + reimbursement of expenses.
Fees- Order Returned Unsatisfied
If an Order to Seize Property is returned unsatisfied (no property to seize
could be found) the fee charged is then $33.00 + mileage + reasonable expenses.
LEVYING OF PROPERTY- Levying of property can be performed if an Request
and Order to Seize Property is returned unsatisfied and the order date is less
than 90 days from the filing date. The $50.00 fee should accompany the papers,
which can also be sent to the 10 N. Main address noted above.
SHERIFF SALE- For sale of property under an Order for the seizure of
property the fees of 7% of the first $5,000 in receipts + 3% of receipts
exceeding the first $5,000 + reimbursement of expenses apply. The sheriff’s
office will put for auction both, real and personal property. Please note that
the procedure for sale of real property is expensive and time consuming. The
redemption period is 15 months and the price is subject to mortgage and any
other liens.
MORTGAGE FORECLOSURE SALES-
The Macomb County Sheriff only acts as the auctioneer for the mortgage
foreclosure sales, and does not have prior information about the sales, such as
what property and/or the price of property.
The sales are held every Friday in the lobby of the Macomb County Circuit Court
building, which is located at 40 N. Main, Mt. Clemens, MI 48043.
Bid sheets which have been delivered to the Office of the Sheriff will be read
off promptly at 10:00 a.m. Interested bidders should be certain to arrive in
time to hear if the property is listed for sale on that day. If the property is
not read off, this would indicate that the sale has either been cancelled or
postponed to a later date.
One hour after completion of reading the bids, the auction of each individual piece of property will
commence. Each property will be auctioned in the order in which it was read from
the bid sheets.
In the event that no bids are made on a particular piece of property, the sale
on that property will be considered final and later bids will not be allowed. If
bids are made on a particular piece of property, the auction will continue until
there is one final highest bidder. After the initial One Dollar ($1) overbid,
all bids must be in a minimum of Five Hundred ($500) Dollar increments. Once the
highest bid has been made on a particular piece of property, the sale will be
considered final and no further bids will be accepted.
The successful 3rd party bidder will be present for payment 2
cashier/certified checks. The first check will be for the amount that satisfies
the bank and will be made payable to the successful bidder, who will then
endorse the check over to the mortgagee/assignee upon completion of the sale.
Please note: The amount of the check may or may not be the amount published in
the legal notice. It is the bidder's responsibility to contact the mortgagee to
determine the correct amount. The second check will be for the overbid amount
and will be made payable to Writs, Inc. Cash will only be accepted for the One
Dollar ($1) overbids. Fees payable to the Register of Deeds will become the
responsibility of the successful bidder. In the event that a successful bid is
in excess of the amount listed in the legal notice, the successful bidder will
be allowed one hour to present the additional necessary funds.
Bidders are obligated to fulfill this contract. It is, therefore, strongly urged
that bidders bring as much money in certified/cashiers checks with them to the
auction as they feel necessary to secure the property. Bidders will be asked to
produce their certified/cashiers check for the amount of the money listed in the
legal notice at the time of the bid.
The paperwork necessary to issue the Sheriff’s Deed is completed at the Civil
Division, Macomb County Sheriff’s Office, 10 N. Main St., 1st Floor, Mt.
Clemens, MI.
Unless a confirmed bankruptcy or court action necessitates a sale being canceled
or adjourned, all sales are considered final. We suggest all interested bidders
contact the bankruptcy court in the morning prior to the sales for pertinent
information.
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MORE INFORMATION NEEDED?
Please call our office at 586-307-9383 or 586-307-9384 OR email us at
civil@macomb-sheriff.com
Please see the foreclosure page for
general information on the mortgage foreclosure sales.
Click Here >>>>
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