Michigan House Bill HB5120

Michigan 2025-2026 Regular Session

• Introduced: 10/23/25
• Refer: 10/23/25

Caption

Civil procedure: service of process; cost for service of process for personal protection orders; eliminate. Amends secs. 2559 & 2950 of 1961 PA 236 (MCL 600.2559 & 600.2950). TIE BAR WITH: HB 5121'25

Impact

By revising the fee structure for the service of legal documents, the bill aims to improve access to justice for individuals filing for personal protection orders. These orders, crucial for those seeking legal safeguards against threats or violence, often come with significant costs that can deter individuals from pursuing necessary legal action. The fee amendments address this challenge, potentially allowing for greater enforcement of personal protection orders and enhancing the ability for individuals to seek protection without the fear of prohibitive costs.

Summary

House Bill 5120 seeks to amend the Revised Judicature Act of 1961, particularly concerning the fees associated with the service of process in Michigan's courts. The proposed amendments specifically target Sections 2559 and 2950, delineating the allowable charges for various types of legal services, including personal protection orders. This bill brings attention to a pressing issue in Michigan's judicial process by addressing a more streamlined approach to court-related proceedings, which could potentially lessen the financial burden on petitioners seeking protection through the courts.

Contention

Notably, there were points of contention related to the proposed amendments, especially regarding the elimination of fees for serving court documents pertaining to personal protection orders. Supporters of this aspect argue that it aligns with broader objectives of ensuring that victims can access legal protections promptly and without financial disincentives. However, critics may express concern over the financial sustainability of such changes for law enforcement agencies responsible for serving these documents, fearing that the funding mechanisms for enforcement could be compromised. As the bill moves through the legislative process, these debates will likely shape its final form and the specifics of its implementation.