Form DC 104 PDF Details

Navigating the legal landscape can be challenging, especially when faced with issues that demand close attention to detail and a clear understanding of one's rights and responsibilities. The DC 104 form, a critical document within the Michigan judicial system, serves as a prime example of such challenges. Tailored for scenarios involving landlord-tenant disputes or land contract forfeitures, this form functions as a summons, notifying defendants about a plaintiff's complaint against them. Not only does it aim to recover possession or seek a money judgment, but it also outlines the essential steps and rights available to the defendant. These include the right to a jury trial, the opportunity to transfer the case to a more appropriate county, district, or court, and guidance on how to participate in the legal process effectively if facing eviction or financial claims. Additionally, the form stresses the importance of responding promptly to the summons to avoid losing housing or incurring monetary damages. It concludes with procedures for ensuring the defendant receives this crucial information, underscoring the judiciary's commitment to fairness and accessibility. This introductory explanation strives to shed light on the form’s purpose, its role in the legal process, and the vital need for defendants to engage actively with the judicial system to protect their interests.

QuestionAnswer
Form NameForm DC 104
Form Length3 pages
Fillable?Yes
Fillable fields51
Avg. time to fill out11 min 1 sec
Other namesstate of michigan landlord tenant summons, michigan summons landlord tenant, michigan court form dc 104 summons, michigan court form dc 104 instructions

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STATE OF MICHIGAN JUDICIAL DISTRICT

COUNTY

SUMMONS

Landlord-Tenant/Land Contract

CASE NO. and JUDGE

Court address

Plaintiff’s name, address, and telephone no.

Court telephone no.

Plaintiff’s attorney, bar no., address, and telephone no.

v

If you require accommodations to use the court

 

Defendant’s name, address, and telephone no.

because of a disability or if you require a foreign language

 

interpreter to help you fully participate in court proceedings,

 

please contact the court immediately to make arrangements.

 

Rental unit eviction

 

Land contract forfeiture

 

 

NOTICE TO THE DEFENDANT: In the name of the people of the State of Michigan you are notified:

to recover possession, after land contract forfeiture, of

1.The plaintiff has filed a complaint against you and wants a money judgment for

to evict you from

Address or description of premises

2.

You are summoned to be in the district court on

 

 

 

 

 

 

 

 

 

 

Day, date, and time

 

 

 

at the address above,

at

 

 

, courtroom

 

.

 

 

 

 

Location

 

 

 

 

3.

This action

is

is not

brought in the county or district in which the premises or any part of the premises is situated.

4.You have the right to have the case tried in the proper county, district, or court. The case will be transferred to the proper county, district, or court if you file a motion with the court for such transfer.

5.You have the right to a jury trial. If you do not demand a jury trial and pay the required jury fee in your first defense response, you will lose this right.

6.If you are in district court on time, you will have an opportunity to give the reasons why you feel you should not be evicted. Bring witnesses, receipts, and other necessary papers with you.

7.If you are not in district court on time, you may be evicted without a trial and a money judgment may be entered against you.

This document must be sealed by the seal of the court.

Court clerk signature and date

CERTIFICATE OF MAILING BY COURT*

I certify that on this date I served a copy of this summons and the complaint and required attachments on the defendant(s) by first-class mail addressed to their last-known addresses as defined in MCR 2.107(C)(3).

Clerk signature and date

CERTIFICATE OF MAILING*

I served a copy of this summons and the complaint and required attachments on the defendant(s) by first-class mail addressed to their last-known addresses as defined in MCR 2.107(C)(3). I declare under the penalties of perjury that this certificate of mailing has been examined by me and that its contents are true to the best of my information, knowledge, and belief. I have attached a receipt of mailing from the post office.

*The certificate of mailing applies to landlord-tenant cases only.

Plaintiff signature and date

 

 

 

 

 

Approved, SCAO

Distribute form to:

 

 

Form DC 104, Rev. 4/21

Court

Landlord/Landlady

 

MCL 600.5735, MCR 2.102, MCR 4.201(C), MCR 4.202(E)

Tenant

Proof of service

 

Page 1 of 2

Mailing

 

 

STATE OF MICHIGAN JUDICIAL DISTRICT

COUNTY

SUMMONS

Landlord-Tenant/Land Contract

(Tenant’s Copy)

CASE NO. and JUDGE

Court address

Court telephone no.

Plaintiff’s name, address, and telephone no.

Plaintiff’s attorney, bar no., address, and telephone no.

v

Defendant’s name, address, and telephone no.

Rental unit eviction

Land contract forfeiture

NOTICE TO THE DEFENDANT: In the name of the people of the State of Michigan you are notified:

to recover possession, after land contract forfeiture, of

1. The plaintiff has filed a complaint against you and wants a money judgment for to evict you from

Address or description of premises

2.

You are summoned to be in the district court on

 

 

 

 

 

 

 

 

 

 

Day, date, and time

 

 

 

at the address above,

at

 

 

, courtroom

 

.

 

 

 

 

Location

 

 

 

 

3.

This action

is

is not

brought in the county or district in which the premises or any part of the premises is situated.

4.You have the right to have the case tried in the proper county, district, or court. The case will be transferred to the proper county, district, or court if you file a motion with the court for such transfer.

5.You have the right to a jury trial. If you do not demand a jury trial and pay the required jury fee in your first defense response, you will lose this right.

6.If you are in district court on time, you will have an opportunity to give the reasons why you feel you should not be evicted. Bring witnesses, receipts, and other necessary papers with you.

7.If you are not in district court on time, you may be evicted without a trial and a money judgment may be entered against you.

This document must be sealed by the seal of the court.

Court clerk signature and date

HOW TO GET HELP

You have received an important legal document from a court. Your landlord is trying to evict you. This means you could lose your housing and you could owe your landlord money. It is important to respond to this quickly.

You may hire an attorney to help you answer the complaint and prepare defenses. If you cannot afford an attorney, you can get help at MichiganLegalHelp.org or you might qualify for assistance through a local legal aid office. If you do not have Internet access at home, you can access the Internet at your local library.

If you do not have an attorney, but have money to hire one, you can find an attorney through the State Bar of Michigan Lawyer Referral Service at 1-800-968-0738 or a local lawyer referral service at michbar.org.

If you require accommodations to use the court because of a disability or if you require a foreign language interpreter to help you fully participate in court proceedings, please contact the court immediately to make arrangements.

Approved, SCAO

Distribute form to:

 

Form DC 104, Rev. 4/21

Court

Landlord/Landlady

MCL 600.5735, MCR 2.102, MCR 4.201(C), MCR 4.202(E)

Tenant

Proof of service

Page 2 of 2

Mailing

 

PROOF OF SERVICE

TO PROCESS SERVER: You are to serve the summons, complaint, and attachment(s) as instructed. You must make and file your proof of service with the court clerk. If you are unable to complete service, you must return this original and all copies to the court clerk.

SUMMONS

Landlord-Tenant/Land Contract

Case No.

I am a sheriff, deputy sheriff, bailiff, appointed court officer or attorney for a party (MCR 2.104[A][2]). (notarization not required)

I am a legally competent adult who is not a party or an officer of a corporate party. (notarization required)

CERTIFICATE / AFFIDAVIT / SERVICE BY DELIVERY OR ATTACHMENT

I served

personally

by registered or certified mail (copy of return receipt attached)

by delivery to a member of the defendant’s or defendants’ household (who was of suitable age, who was informed of the contents and asked to deliver the papers to the defendant(s))

after diligent attempts at personal service, by securely attaching the papers to the main entrance of the tenant’s or tenants’ dwelling unit (list personal service attempts below)

a copy of the summons and complaint and the attachments listed below on:

Defendant(s)/Household member’s name

Date and time of service

Place or address of service

Attachments

Attempts at personal service (provide attempts if service was by secure attachment)

NONSERVICE RETURN

After diligent search and inquiry, I have been unable to serve the defendant(s).

I declare under the penalties of perjury that this return of service has been examined by me and that its contents are true to the best of my information, knowledge, and belief.

Service fee

Miles traveled

Fee

 

$

 

 

 

 

$

 

 

 

 

 

Incorrect address fee

Miles traveled

Fee

TOTAL FEE

$

 

$

$

 

 

 

 

Signature

Name (type or print)

Title (if applicable)

Note: If documents are served by someone other than a sheriff, deputy sheriff, or other person listed in MCL 600.1910(b), this return must be notarized.

Subscribed and sworn to before me on

 

 

 

 

 

 

.

 

 

 

 

Date

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Deputy clerk/Notary public signature

 

My commission expires on

.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Name (type or print)

 

Notary public, State of Michigan, County of

 

 

 

. Acting in the County of

 

.

 

This notarial act was performed using an electronic notarization system or a remote electronic notarization platform.

 

 

 

 

 

 

 

 

 

ACKNOWLEDGMENT OF SERVICE

I acknowledge that I have received service of the summons

 

and complaint, together with

 

 

 

 

on

 

.

 

 

Attachments

 

 

 

Date and time

 

on behalf of

Signature

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1. To start off, when completing the michigan court forms dc 104, begin with the form section that has the next blanks:

The right way to fill out michigan court form dc 104 instructions part 1

2. Now that the last part is finished, you'll want to put in the needed details in Address or description of premises, You are summoned to be in the, Day date and time, at the address above, Location, courtroom, is not brought in the county or, This action You have the right, response you will lose this right, This document must be sealed by, Court clerk signature and date, CERTIFICATE OF MAILING BY COURT, and I certify that on this date I allowing you to proceed to the 3rd step.

The right way to fill in michigan court form dc 104 instructions step 2

3. The next part is hassle-free - complete every one of the empty fields in I certify that on this date I, Clerk signature and date, CERTIFICATE OF MAILING, I served a copy of this summons, Distribute form to Court Tenant, LandlordLandlady Proof of service, and Plaintiff signature and date to conclude this segment.

Clerk signature and date, CERTIFICATE OF MAILING, and I served a copy of this summons inside michigan court form dc 104 instructions

It's simple to make an error while filling in the Clerk signature and date, therefore make sure you take a second look before you'll submit it.

4. This particular part comes next with all of the following form blanks to fill out: STATE OF MICHIGAN, JUDICIAL DISTRICT COUNTY, SUMMONS, LandlordTenantLand Contract, Tenants Copy, CASE NO and JUDGE, Court address, Court telephone no, Plaintiffs name address and, Plaintiffs attorney bar no address, Defendants name address and, Rental unit eviction, Land contract forfeiture, NOTICE TO THE DEFENDANT In the, and to recover possession after land.

SUMMONS, STATE OF MICHIGAN, and CASE NO and JUDGE inside michigan court form dc 104 instructions

5. The final section to conclude this PDF form is critical. Be certain to fill out the required blanks, including NOTICE TO THE DEFENDANT In the, to recover possession after land, Address or description of premises, You are summoned to be in the, Day date and time, at the address above, Location, courtroom, is not brought in the county or, This action You have the right, response you will lose this right, This document must be sealed by, Court clerk signature and date, could owe your landlord money It, and HOW TO GET HELP You have received, before using the document. Neglecting to do so can contribute to an unfinished and potentially unacceptable document!

michigan court form dc 104 instructions writing process shown (step 5)

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