REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.2920 Unlawful taking or detention of goods or chattels; civil action to recover possession and damages; conditions; surrender or recovery of books or papers pertaining to office.
Sec. 2920.
(1) A civil action may be brought to recover possession of any goods or chattels which have been unlawfully taken or unlawfully detained and to recover damages sustained by the unlawful taking or unlawful detention, subject to the following conditions:
(a) An action may not be maintained under this section to recover possession of or damages for goods or chattels taken by virtue of a warrant for the collection of a tax, assessment, or fine in pursuance of a statute of this state.
(b) An action may not be maintained under this section to recover possession of or damages for goods or chattels seized by virtue of an execution or attachment at the suit of the defendant in the execution or attachment unless the goods or chattels are exempted by law from execution or attachment.
(c) An action may not be maintained under this section by a person who, at the time the action is commenced, does not have a right to possession of the goods or chattels taken or detained.
(d) A writ, order, or process for delivery of goods or chattels before judgment may not be issued unless the court, after notice and a hearing and under procedures provided by rules of the supreme court, determines that the claim for recovery is probably valid and unless the party claiming a right to recover possession of the goods or chattels files a sufficient bond.
(2) A person who holds books or papers pertaining to an office and who is not the person in that office shall surrender them to the person entitled to that office. The person entitled to possession of the books and papers may bring an action to recover their possession. The court may order a person to show cause why he should not be compelled to deliver those books and papers and may order the delivery of the books and papers.
History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1976, Act 79, Imd. Eff. Apr. 12, 1976
Notes of Decisions
Hydrogen Master Rights, Ltd. v. Weston, 228 F. Supp. 3d 320 (D. Del. 2017).
· cites it 2× “Counts 13-14, 18-20, & 25: Ownership of the Confidential Recordings Coats argues that the following claims must be dismissed for failure to state a claim, because Plaintiffs do not allege that they own the recordings: Count 13 (breach of fiduciary duties), Count 14 (breach of…”
Clarence Erwin Copeland v. Mark MacHulis James Stephens, 57 F.3d 476 (6th Cir. 1995).
“105 that allows an action for claim and deliver, Mich. Comp. Laws § 600.2920 that provides for a civil action to recover possession of or damages for goods and chattels unlawfully taken or detained, and Mich.”
Willis v. New World Van Lines, Inc., 123 F. Supp. 2d 380 (E.D. Mich. 2000).
· cites it 3× “§ 600.2920. Count V alleges intentional infliction of emotional distress against Sony.”
Taras Nykoriak v. Lena Wileczek, 666 F. App'x 441 (6th Cir. 2016).
“” Mich. Comp. Laws § 600.2920 (1). Michigan’s concealed carry statute requires an individual to have his concealed carry license in his possession at all times that he is carrying a concealed pistol.”
Whitcraft v. Wolfe, 384 N.W.2d 400 (Mich. Ct. App. 1985).
“See also MCL 600.2920; MSA 27A.2920. 2 During a hearing held on June 13, 1984, Wolfe objected to Whit-craft’s position as Whitcraft was not yet a party.”
Oakland Nat'l Bank v. Anderson, 265 N.W.2d 362 (Mich. Ct. App. 1978).
· cites it 2× “Also in 1971, plaintiff claimed default on the loans, instituted an action for claim and delivery, and seized the collateral without notice or hearing as then allowed by MCLA 600.2920; MSA 27A.2920 and GCR 1963, 757.”
Craig v. City of Detroit Police Dep't, 243 N.W.2d 236 (Mich. 1976).
“543 (Sales Tax), 13 MCLA 600.2920(l)(a); MSA 27A.2920(l)(a). 14 See fn 7 of Shapiro, 424 US at 622-623 , and the Court’s resolution of the parties’ factual dispute as to whether that levy was in conformity with the statute.”
Synthes Spine Co. Lp v. Calvert, 270 F. Supp. 2d 939 (E.D. Mich. 2003).
“§ 600.2920. Here, Synthes is suing to recover property given to Calvert for use in his employment.”
Carpenter v. City of Ann Arbor, 192 N.W.2d 523 (Mich. Ct. App. 1971).
· cites it 2× “Under CL 1857, § 5008, the successor of which is MCLA § 600.2920 (Stat Ann 1962 Rev § 27A.”
— Mich. Comp. Laws § 600.2920(1) — 10 cases
— Mich. Comp. Laws § 600.2920(1)(c) — 2 cases
— Mich. Comp. Laws § 600.2920(1)(d) — 1 case
— Mich. Comp. Laws § 600.2920(l)(a) — 1 case
Craig v. City of Detroit Police Dep't, 243 N.W.2d 236 (Mich. 1976).
“543 (Sales Tax), 13 MCLA 600.2920(l)(a); MSA 27A.2920(l)(a). 14 See fn 7 of Shapiro, 424 US at 622-623 , and the Court’s resolution of the parties’ factual dispute as to whether that levy was in conformity with the statute.”
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