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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 113414
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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How or what form do I file a civil case with the Circuit

Customer Question

How or what form do I file a civil case with the Circuit Court of Michigan for Act 236 of 1961 (###) ###-####disposition of surplus money ?
Submitted: 1 year ago via LawDepot.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The MI Courts do not have a "form" for this. Not everything is done with preprinted forms. Who is holding the surplus funds? Have you made a written demand on them yet for payment of the funds with a notarized affidavit attesting to your identity and that you are entitled legally to those funds together with a copy of your valid state ID?
Customer: replied 1 year ago.
I have and I was told I must file a civil case with the circuit court. Additionally the letter, affidavit and proof of id was not enough to bring this to the court. The eaton county treasurer is holding the funds. I've been told several things I must do for the return of funds and each time I am told to do more. They've been holding 4,700 of my money for 2 1/2 months.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Okay, once you were denied the funds by making the demand on the treasurer, your next step is you have to file a Complaint/Petition for Return of Surplus Funds in the court. In the petition you have to lay out the facts of the claim and jurisdiction of the court and your claim to the money. You would attach the affidavit as proof of claim with your ID. Your proof of claim is the proof that the property being held is your property (receipts, deeds, proof of over payment, whatever you have) and that is attached to your petition with your affidavit.
This is a petition that is not one of the court pre-printed forms. The court library will have form books and if you go to the court library and ask the librarian for the form books they will direct you and you can find a template there to draft your complaint/petition to file in court with your proof of claim and serve the treasurer and the case will be set on the docket for a hearing.