600.4001 Attachment; ex parte application; service of writ; jurisdiction.

229 words·~1 min read·/mi/chapter-600/600-4001

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 4001.

Upon ex parte application showing that the person against whom a claim is asserted is not subject to the judicial jurisdiction of the state or, after diligent effort, cannot be served with process as required to subject him to the judicial jurisdiction of the state, the circuit court shall have the power by attachment to apply to the satisfaction of the claim due or to become due any interest in things which are subject to the judicial jurisdiction of the state and belonging to the person against whom the claim is asserted.

A copy of the writ of attachment shall be served upon the person against whom the claim is made in the same manner as provided by rules of the supreme court for service of process in other civil actions in which personal jurisdiction over the defendant is not required. The court may exercise the jurisdiction granted in this section only if action is taken in accordance with rules adopted by the supreme court to protect the parties.

History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1974, Act 371, Eff. Apr. 1, 1975

Compiler's Notes: Section 3 of Act 371 of 1974 provides: “The provisions of this act shall apply to all actions pending or commenced on or after the effective date of this act.”