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Posted: Dec 28, 2016, 11:20 AM
MCL 765.28(1) and MCR 3.604(I)(2) do not conflict. The statute (MCL 765.28 (1)) is the procedure for providing a surety notice of default. The court rule (MCR 3.604(I)(2), however, is the procedure to provide notice of hearing on a motion for a judgment. “These are two separate and distinct events. A default must be entered prior to a hearing to enter judgment on the default.”
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Posted: Nov 7, 2016, 3:10 PM
Bail bond agencies act as surety for bonds for compensation in criminal cases in Michigan. Without them, our jails would be more over-crowded. The agencies can, however, seek return of funds under two statutes, MCL 765.28 and MCL 600.4835. The Michigan Court of Appeals clarified the relationship of the two in Calvert Bail Bond Agency, LLC v County of St. Clair, COA No. 324824.
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