Michigan Compiled Laws
236-1961-47 - Chapter 47 (600.4701...600.4710)
Section 600.4704 - Notice Generally.

Sec. 4704.
(1) Within 28 days after personal property is seized or a lien notice is filed against real property under section 4703, the seizing agency or, if the property is real property, the attorney general, the prosecuting attorney, or the city or township attorney shall give notice of the seizure of the property and the intent to forfeit and dispose of the property according to this chapter to each of the following persons:
(a) If charges have been filed against a person for a crime, the person charged.
(b) Each person with a known ownership interest in the property.
(c) Each mortgagee, person holding a security interest, or person having a lien that appears on the certificate of title or is on file with the secretary of state or appropriate register of deeds, if the property is real property, a mobile home, motor vehicle, watercraft, or other personal property.
(d) Each holder of a preferred ship mortgage of record in the appropriate public office pursuant to 46 USC 30101, 31301-31343, if the property is a watercraft more than 28 feet long or a watercraft that has a capacity of 5 net tons or more.
(e) Each person whose security interest is recorded with the appropriate public office pursuant to the federal aviation act of 1958, Public Law 85-726, if the property is an aircraft, aircraft engine, or aircraft propeller, or a part of an aircraft, aircraft engine, or aircraft propeller.
(f) Each person with a known security interest in the property.
(g) Each victim of the crime.
(2) The notice required under subsection (1) shall be a written notice delivered to the person or sent to the person by certified mail. If the name and address of the person are not reasonably ascertainable or delivery of the notice cannot reasonably be accomplished, the notice shall be published in a newspaper of general circulation in the county in which the personal property was seized or the real property is located for 10 successive publishing days. Proof of written notice or publication shall be filed with the court having jurisdiction over the seizure or forfeiture.
(3) If personal property was seized, the seizing agency shall immediately notify the prosecuting attorney for the county in which the property was seized or, if the attorney general is actively handling a case involving or relating to the property, the attorney general of the seizure of the property and the intent to forfeit and dispose of the property according to this chapter.
(4) An attorney for a person described in subsection (1)(a) shall be afforded a period of 56 days within which to examine money seized under section 4703. This 56-day period shall begin to run after notice is given under subsection (1) but before the money is deposited into a financial institution.
History: Add. 1988, Act 104, Eff. June 1, 1988 ;-- Am. 2006, Act 128, Imd. Eff. May 5, 2006 ;-- Am. 2014, Act 333, Eff. Jan. 14, 2015

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 600 - Revised Judicature Act of 1961

Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948)

236-1961-47 - Chapter 47 (600.4701...600.4710)

Section 600.4701 - Definitions.

Section 600.4702 - Property Subject to Seizure and Forfeiture; Exception; Encumbrances; Substituted Proceeds of Crime.

Section 600.4703 - Order of Seizure; Seizure Without Process; Order Authorizing Filing of Lien Notice; Return of Property to Victim; Property in Custody of Seizing Agency; Powers of Seizing Agency; Disposition of Seized Money; Title to Property Subje...

Section 600.4703a - Seizure of Computer or Computer Information Storage Device; Copy Provided to Court; Retention as Confidential Record; “Computer” and “Computer Storage Device” Defined.

Section 600.4704 - Notice Generally.

Section 600.4705 - Motion to Return Property or Discharge Lien; Grounds; Hearing; Burden of Proof; Order; Filing Lien Against Vehicle and Returning Vehicle to Owner; Admissibility of Testimony in Criminal Prosecution.

Section 600.4706 - Return of Personal Property to Owner; Discharge of Lien Against Real Property or Motor Vehicle; Time Limitation.

Section 600.4706a - Notice That Property Returned or Lien Discharged.

Section 600.4707 - Notice of Seizure of Property or Filing of Lien and Intent to Begin Forfeiture and Disposal Proceedings; Time Limitation; Filing Claim; Civil Action for Forfeiture; Burden of Proof.

Section 600.4708 - Sale of Property; Disposition of Proceeds or Other Things of Value; Priority; Appointment, Compensation, and Authority of Receiver.

Section 600.4709 - Jurisdiction.

Section 600.4710 - Report by Agency of Seizure and Forfeiture Activities Under Uniform Forfeiture Reporting Act; Audit; "Reporting Agency" Defined.