LAND CONTRACT SUMMONS - H.B. 4174: FLOOR ANALYSIS
House Bill 4174 (as reported without amendment)
Sponsor: Representative James Koetje
House Committee: Civil Law and the Judiciary
Senate Committee: Judiciary
CONTENT
The bill would amend Chapter 57 of the Revised Judicature Act (RJA) to provide that a summons would have to order a defendant to appear for trial within 30 days, rather than 15 days, in a proceeding to recover possession of a premises after forfeiture of an executory contract for the purchase of the premises (i.e., a land contract forfeiture proceeding). The bill also would base the deadline on the date that the summons was issued; that is, the summons would have to order the defendant to appear for trial within 30 days of the date the summons was issued.
Chapter 57 of the RJA ("Summary Proceedings to Recover Possession of Premises") also requires that the summons in a land contract proceeding be served at least 10 days before the trial date. A summons in any other Chapter 57 proceeding must order the defendant to appear within 10 days and the summons must be served at least three days before the trial date. The bill would retain these provisions and also would base the deadline for appearance in other proceedings on the date that the summons was issued.
MCL 600.5735 - Legislative Analyst: P. Affholter
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
Date Completed: 10-18-01 - Fiscal Analyst: B. BowermanFloor\hb4174 - Bill Analysis @ http://www.senate.state.mi.us/sfa
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.