Yes! You can use AI to fill out State of Michigan Form MC 399, Motion to Set Aside Forfeiture and Discharge of Bond and Notice of Hearing

Filers often enter the wrong 'CASE NO.', 'JUDGE' name, or 'COUNTY', especially if they are involved in multiple legal matters. This happens due to simple transcription errors or confusion between different court documents. An incorrect case identifier can lead to the motion being rejected, misfiled, or significantly delayed, as it won't be matched with the correct court record. To avoid this, carefully double-check all case information against the original forfeiture judgment or other official court notices.

A frequent error is entering one figure for the 'Amount of bail bond forfeited' near the top of the form and a different figure in the request line (Section 5) for the 'judgment amount' to be returned. This discrepancy creates confusion and can cause the court to question the validity of the motion, potentially leading to its denial. Always ensure the monetary amounts listed in both sections are identical and match the official court order. AI-powered tools like Instafill.ai can help prevent this by cross-referencing fields for consistency.

This section's conditional logic is a common point of failure. People may check the wrong box for the type of bond, or worse, fill out sub-sections that don't apply, such as detailing surety bond payment dates (3.b.i) for a cash bond (3.a). This invalidates the motion's legal basis. It is crucial to correctly identify the bond type and only complete the corresponding sub-section (a or b) that accurately reflects the situation.

Omitting the signature or date on the 'Signature of surety/depositor/attorney' line is a critical and surprisingly common mistake. An unsigned motion is legally invalid and will be immediately rejected by the court clerk, forcing the filer to start the process over. This simple oversight can cause missed deadlines and significant delays. Always perform a final review to ensure all signature and date fields are completed before filing.

Filers often focus on the first page and forget to complete and sign the 'Certificate of Mailing' on page two. This certificate is a sworn statement that all relevant parties have been notified of the motion, and without it, the court cannot proceed with the hearing. This oversight will halt the entire process until a properly completed and served motion is filed. Remember to mail copies to all parties and then sign and date the certificate as proof of service.

In Section 1, filers must specify the 'Agency' that apprehended the defendant and the 'Date' it occurred. This information is the primary justification for the motion, but it is often left blank or filled with vague terms like 'the police'. This lack of specific information weakens the motion and may lead to a request for more evidence or outright denial. Before filing, obtain the official apprehension details from the relevant law enforcement agency or court records.

When filling out Section 4.a regarding the county's apprehension costs, filers sometimes state the dollar amount but neglect to circle or check either 'have' or 'have not' been paid. This ambiguity leaves the court uncertain about whether a required condition for the motion has been met. This can delay the hearing as the court seeks clarification. Ensure you clearly indicate both the cost amount (or lack thereof) and the payment status.

The fields for the 'Defendant’s name, address, and telephone no.' and the 'Name and address of surety' are often filled out incompletely, missing a zip code, apartment number, or phone number. This prevents the court and other parties from sending legally required notices, which can cause hearings to be postponed or motions to be dismissed for improper service. Using a tool like Instafill.ai can help ensure addresses are complete and properly formatted, and since the form is a non-fillable PDF, Instafill.ai can convert it into an interactive, fillable version.

Many filers are unfamiliar with identifiers like 'CTN/TCN' (Case Tracking Number/Transmittal Control Number) or 'SID' (State Identification Number) and either leave them blank or enter incorrect information. These numbers are crucial for the court and law enforcement to accurately track the case and the defendant's record across different systems. Leaving them blank can slow down processing, as clerks must manually search for the information. These numbers can typically be found on previous court orders or criminal history reports.

A common mistake is for the filer to unilaterally write a date, time, and location in the 'Notice of Hearing' section. This section is almost always completed by the court clerk after the motion is filed and a hearing is officially scheduled. Pre-filling this information can cause confusion, conflict with the court's actual calendar, and may require the form to be re-issued. This section should be left blank unless you have been explicitly instructed by the court to fill it.