Free Motion and Affidavit to Set Aside Default - Michigan



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Excerpt: Motion and Affidavit to Set Aside Default Use this form if the court entered a default against you for failure to appear or answer in a small claims, landlord-tenant, or general civil case and you want the default set aside. If a default judgment has already been entered, you must file this motion within 21 days after the default was entered in a gener
Motion and Affidavit to Set Aside Default
Use this form if the court entered a default against you for failure to appear or answer in a small claims, landlord-tenant, or general civil case and you want the default set aside.

If a default judgment has already been entered, you must file this motion within 21 days after the default was entered in a general civil case, 21 days after the default was entered in a small claims case, or within 10 days after the default was entered in a landlord- tenant case.
After the court enters the order on your motion, the court will send copies of the order to you and the plaintiff.

If the court requires a hearing on the motion, the court will notify you and the plaintiff of the date, time, and location of the hearing.

(Form DC 99)

Complete all blanks starting with the upper left-hand corner. You can fill out the form by tabbing to each item or you can move the mouse to each item. Check box items must be selected by using the mouse. Start with the "court number" in the upper left-hand corner of the form.
Approved, SCAO

Original - Court 1st copy - Plaintiff 2nd copy - Defendant

STATE OF MICHIGAN JUDICIAL DISTRICT
Court address

CASE NO. MOTION AND AFFIDAVIT TO SET ASIDE DEFAULT
Court telephone no.

Plaintiff's name, address, and telephone no.

Defendant's name, address, and telephone no.

v

MOTION AND AFFIDAVIT 1. a. A default was entered against me on
Date

for failure to

answer.

appear.

I was personally served with the default and a judgment has not been entered yet. b. A default judgment was entered against me on
Date

I was personally served with the default judgment. c. Bond in the amount of one month's rent $ 2. I have good cause for my failure to appear/answer as follows:

for failure to answer. appear. 21 days (General Civil) 21 days (Small Claims) has not yet passed since default entered. 10 days (Landlord-Tenant) is posted with the court.
(Explain the reasons. Attach a separate sheet if needed.)

3. My defense to the complaint has merit as follows: (Specify the meritorious defense. Attach a separate sheet if needed.)

4. I request that the default/default judgment be set aside in this case and, if required, I agree to appear on the date scheduled by the court to state my reasons for this request.
Signature

Subscribed and sworn to before me on
Date

, Signature:

County, Michigan.

My commission expires: Notary public, State of Michigan, County of

NOTICE OF HEARING A hearing is scheduled on this matter on at
Location Date

at before Hon.
Signature

Time Bar no.

.

Date

CERTIFICATE OF MAILING I certify that on this date I served a copy of this motion and notice of hearing on the parties or their attorneys by first-class mail addressed to their last-known addresses as defined in MCR 2.107(C)(3).
Date DC 99 (3/08) Signature

MOTION AND AFFIDAVIT TO SET ASIDE DEFAULT

MCR 2.603(D), MCR 4.201(M)

Approved, SCAO

Original - Court 1st copy - Plaintiff 2nd copy - Defendant

STATE OF MICHIGAN JUDICIAL DISTRICT

MOTION TO SET ASIDE DEFAULT

CASE NO.

Plaintiff name

Defendant name

v

2. Reasons Continued.

3. Defense Continued.

DC 99 (3/08)

MOTION AND AFFIDAVIT TO SET ASIDE DEFAULT

MCR 2.603(D), MCR 4.201(M)

File Size: 159.3 kB
Pages: 3
File Format: PDF
State: Michigan
Category: Court Forms - State
Author: unknown
Word Count: 560 Words, 3,215 Characters
Page Size: Letter (8 1/2" x 11")
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http://courts.michigan.gov/scao/courtforms/generalcivil/dc99.pdf