MICHIGAN VEHICLE CODE
Act 300 of 1949
257.252e Jurisdiction to determine propriety of police, towing agency or custodian, or private owner action; venue in district court; use of bond to pay towing or storage fees; exclusive remedies.
Sec. 252e.
(1) The following courts have jurisdiction to determine if a police agency, towing agency or custodian, or private property owner has acted properly in reporting or processing a vehicle under section 252a, 252b(6) to (11), or 252d:
(a) The district court.
(b) A municipal court.
(2) The court specified in the notice prescribed in section 252a(5)(b) or 252b(7) or as provided in section 252d(3)(b) is the court that has territorial jurisdiction at the location from where the vehicle was removed, impounded, or considered abandoned. Venue in the district court is governed by section 8312 of the revised judicature act of 1961, 1961 PA 236, MCL 600.8312.
(3) If the owner fails to pay the accrued towing and storage fees, the towing and storage bond posted with the court to secure release of the vehicle under section 252a, 252b, or 252d must be used to pay the towing and storage fees.
(4) The remedies under sections 252 to 254 are the exclusive remedies for the disposition of abandoned vehicles.
History: Add. 1981, Act 104, Eff. Oct. 1, 1981 ;-- Am. 2004, Act 495, Eff. Oct. 1, 2005 ;-- Am. 2008, Act 539, Imd. Eff. Jan. 13, 2009 ;-- Am. 2022, Act 89, Eff. Aug. 24, 2022
Notes of Decisions
Cited in
4
cases (
2 in the last 5 years), 2016–2022 · leading case:
Noll v. Ritzer, 895 N.W.2d 192 (Mich. Ct. App. 2016).
Noll v. Ritzer, 895 N.W.2d 192 (Mich. Ct. App. 2016).
“” Furthermore, MCL 257.252e(3) refers to “the towing and storage bond posted with the court to secure release of the vehicle under section 252a, 252b, or 252d,” and for situations in which the police agency or towing agency did not comply with the required procedures, MCL 257.”
City of Detroit v. Nationwide Recovery Inc (Mich. Ct. App. 2021).
· cites it 3× “252e(1), which grants district and municipal courts “jurisdiction to determine if a police agency, towing agency or custodian, or private property owner has acted properly in reporting or processing a vehicle under section 252a, 252b(6) to (11), or 252d[.]” Defendants also rely…”
Robertson v. Breakthrough Towing, LLC (E.D. Mich. 2022).
· cites it 2× “§257.252e(1), which grants jurisdiction to Michigan district and municipal courts to determine whether police officers, towing agencies, and private parties have complied with the Code.”
Brite Fin. Servs., LLC v. Bobby's Towing Serv., LLC (E.D. Mich. 2020).
“Plaintiffs ask the Court “to strike down MCL 257.252e(2) and (4)” so that Plaintiffs may seek relief outside of the state court and petition for just compensation for the taking of their vehicles.”
— Mich. Comp. Laws § 257.252e(1) — 2 cases
Robertson v. Breakthrough Towing, LLC (E.D. Mich. 2022).
“§257.252e(1), which grants jurisdiction to Michigan district and municipal courts to determine whether police officers, towing agencies, and private parties have complied with the Code.”
City of Detroit v. Nationwide Recovery Inc (Mich. Ct. App. 2021).
“252e(1), which grants district and municipal courts “jurisdiction to determine if a police agency, towing agency or custodian, or private property owner has acted properly in reporting or processing a vehicle under section 252a, 252b(6) to (11), or 252d[.]” Defendants also rely…”
— Mich. Comp. Laws § 257.252e(2) — 1 case
Brite Fin. Servs., LLC v. Bobby's Towing Serv., LLC (E.D. Mich. 2020).
“Plaintiffs ask the Court “to strike down MCL 257.252e(2) and (4)” so that Plaintiffs may seek relief outside of the state court and petition for just compensation for the taking of their vehicles.”
— Mich. Comp. Laws § 257.252e(3) — 1 case
Noll v. Ritzer, 895 N.W.2d 192 (Mich. Ct. App. 2016).
“” Furthermore, MCL 257.252e(3) refers to “the towing and storage bond posted with the court to secure release of the vehicle under section 252a, 252b, or 252d,” and for situations in which the police agency or towing agency did not comply with the required procedures, MCL 257.”
— Mich. Comp. Laws § 257.252e(4) — 1 case
City of Detroit v. Nationwide Recovery Inc (Mich. Ct. App. 2021).
“252e(1), which grants district and municipal courts “jurisdiction to determine if a police agency, towing agency or custodian, or private property owner has acted properly in reporting or processing a vehicle under section 252a, 252b(6) to (11), or 252d[.]” Defendants also rely…”
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