In the State of Michigan, the legal framework for resolving disputes between landlords and tenants or between parties of a land contract utilizes a critical document known as the DC 107 form, officially titled the "Order of Eviction." This document plays a pivotal role in the legal process by formally authorizing the eviction of a tenant or occupant from residential or commercial premises. At its core, the form is issued following a judgment wherein the plaintiff, typically a landlord or property owner, has been awarded possession of the property due to various reasons such as non-payment of rent or other violations of the lease or land contract terms. The DC 107 form serves multiple functions: it provides essential details of the case including the names and addresses of the parties involved, outlines the basis of the eviction order, confirms the plaintiff's compliance with preceding judgment terms, and most crucially, it empowers court officers to physically remove the defendant and other occupants from the property and return possession to the plaintiff. Furthermore, the form specifies a critical time frame; in tenancy cases, the writ must be executed within 56 days from the date it was issued, emphasizing the urgency and the legal weight of the document. The structured process delineated by the DC 107 form underscores the importance of judicial oversight in ensuring that evictions are carried out lawfully while balancing the interests and rights of both landlords and tenants.
Question | Answer |
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Form Name | Form Dc 107 |
Form Length | 2 pages |
Fillable? | No |
Fillable fields | 0 |
Avg. time to fill out | 30 sec |
Other names | 2nd, MCR, SCAO, 3rd |
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Original - Officer return |
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1st copy - Court |
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Approved, SCAO |
2nd copy - Defendant |
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3rd copy - Plaintiff |
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STATE OF MICHIGAN JUDICIAL DISTRICT
ORDER OF EVICTION
CASE NO.
Court address |
Court telephone no. |
Plaintiff's name, address, and telephone no.
Defendant name(s) and address(es)
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Plaintiff's attorney, bar no., address, and telephone no.
APPLICATION
I state:
1. On |
judgment was entered against defendant(s), and plaintiff was awarded possession of |
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Date |
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the following described property: |
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2. No payment has been made on the judgment or no rent has been received since the date of judgment, except the sum of
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received under the following conditions: |
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3.The plaintiff has complied with the terms of the judgment.
4.The time stated in the judgment before a writ of restitution can be issued has elapsed.
I declare that the statements above are true to the best of my information, knowledge, and belief.
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Plaintiff/Attorney signature |
WRIT OF RESTITUTION
IN THE NAME OF THE PEOPLE OF THE STATE OF MICHIGAN:
To the Court Officer: You are ordered to remove the above named defendant(s) and other occupants from the premises described and to restore peaceful possession to the plaintiff.
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SEAL |
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Date issued |
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Judge |
Bar no. |
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NOTE: In tenancy cases, this writ must be served within 56 days of the issuance date. |
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DC 107 (6/97) |
ORDER OF EVICTION, |
MCL 600.5744; MSA 27A.5744, MCR 4.201(L), MCR 4.202(K) |
RETURN
I certify and return that on |
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I executed the writ of restitution on the reverse side of this form |
Date
by evicting
Name(s)
from the property, and I have restored the plaintiff to peaceful possession as ordered.
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(Deputy) sheriff/Court officer/Bailiff |
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Service fee |
Miles travelled |
Mileage fee |
Total fee |
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$ |
$ |
$ |
$ |
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