Civil Processes

Question 1

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What are the two main types of civil actions mentioned in the notes?

Answer 1

Orders (attachments and seizures) and Filings.

Question 2

What is a Pretrial Attachment?

Answer 2

A legal process to seize property before a judgment is rendered.

Question 3

What are the general reasons/grounds required for a Pretrial Attachment?

Answer 3

• The defendant intends to remove or move property.
• The defendant is a foreign corporation (this point was questioned in the notes).
• Actual grounds to remove will be provided.

Question 4

What must a plaintiff provide to the court for a Pretrial Attachment?

Answer 4

• Petition for attachment
• Ground for attachment (list of facts)
• Bond

Question 5

What is the purpose of a bond in a Pretrial Attachment?

Answer 5

To protect the defendant in case the plaintiff loses in court.

Question 6

What is the bond amount for a Pretrial Attachment involving seizure?

Answer 6

Double the fair market value of the property to be seized.

Question 7

What is the bond amount for a Pretrial Attachment involving a levy (not seizure)?

Answer 7

If cash/surety: Fair market value.

If real property: Double the fair market value.

Question 8

What paperwork is typically associated with a Pretrial Attachment?

Answer 8

• Attachment summons
• Plaintiff bond
• Petition for attachment
• List of facts
• Request for hearing exception (if applicable)
• Filing fees

Question 9

What type of property cannot be attached according to the notes?

Answer 9

Boats weighing 20 tons or more.

Question 10

What must be included in the description for a Pretrial Attachment?

Answer 10

A description of the property to be attached

Question 11

What is the typical return date range for a Pretrial Attachment summons?

Answer 11

Between 5 and an unspecified number of days (noted as “(?)” in the text).

Question 12

What is a Detinue Seizure?

Answer 12

An action to recover specific personal property that the plaintiff believes is theirs.

Question 13

What is required for a Detinue Seizure?

Answer 13

• Petition
• List of facts
• Bond (double the fair market value of the property)

Question 14

What specific order and form are associated with a Detinue Seizure?

Answer 14

• Detinue seizure order
• Request for exemption form

Question 15

What is Distress for Rent?

Answer 15

An action to levy and/or seize a tenant’s property to enforce a landlord’s lien for unpaid rent.

Question 16

What is required for Distress for Rent?

Answer 16

• Petition
• List of facts
• Bond (specific amount or calculation not fully detailed in the notes)

Question 17

Which court typically handles all landlord-tenant issues according to the notes?

Answer 17

General District Court (GDC).

Question 18

What are key considerations when handling “Filings Only” similar to a clerk?

Answer 18

• Must be 18 to file (or minor sues by “next friend”).
• Do not give legal advice.
• Collect all filing fees.

Question 20

What is a Warrant in Debt?

Answer 20

A claim that someone owes money. It’s initiated with a preprinted form.

Question 21

What important information should be noted on a Warrant in Debt upon filing?

Answer 21

The date and time of filing on the top right of the warrant.

Question 22

What are the claim limits for a Warrant in Debt in General District Court (GDC)?

Answer 22

$50,000 for personal injury claims.
$25,000 for all other claims.

Question 23

What is a Warrant in Detinue?

Answer 23

A claim to recover personal property.

Same rules are warrant in debt

Question 24

What are the jurisdictional rules for a Warrant in Detinue based on value?

Answer 24

• Under $25,000: General District Court (GDC).
• Over $25,000: Circuit Court.

Question 25

Front: What is a Summons for Unlawful Detainer?

Answer 25

An action to evict a tenant and get a judgment for unpaid rent. It uses a preprinted, filled-out form.

Question 26

Which court handles Summons for Unlawful Detainer?

Answer 26

Always General District Court (GDC).

Question 27

What is a Tenant's Assertion and Complaint?

Answer 27

An action by a tenant to get the landlord to remedy problems with the property. It uses preprinted forms.

Question 28

Which court handles a Tenant's Assertion and Complaint?

Answer 28

Always General District Court (GDC).

Question 29

What is a Tenant's Petition for Unlawful Exclusion?

Answer 29

An action by a tenant to get utilities turned back on after being unlawfully shut off by the landlord.

Question 30

What is the scheduling priority for tenant complaints like Unlawful Exclusion?

Answer 30

Set the earliest date possible. ## Footnote Dealings with things like turning utilities back on!

Question 31

Which court handles a Tenant's Petition for Unlawful Exclusion?

Answer 31

General District Court (GDC).

Question 32

According to the notes, which type of civil action is generally considered more important for exam purposes?

Answer 32

Orders (attachments and seizures).

Question 33

What specific rules are highlighted as important to know for an exam?

Answer 33

Bond rules, particularly regarding the fair market value for property to be seized.

Question 34

BOND RULE - Pretrial Attachment (Seizure): What is the bond amount?

Answer 34

Double the fair market value of the property to be seized.

Question 35

BOND RULE - Pretrial Attachment (Levy - Cash/Surety): What is the bond amount?

Answer 35

Fair market value of the property.

Question 36

BOND RULE - Pretrial Attachment (Levy - Real Property): What is the bond amount?

Answer 36

Double the fair market value of the property.

Question 37

BOND RULE - Detinue Seizure: What is the bond amount?

Answer 37

Double the fair market value of the property to be seized.