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Get Motion And Affidavit To Set Aside Default (civil) - Michigan Courts - Courts Mi
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How to fill out the Motion And Affidavit To Set Aside Default (Civil) - Michigan Courts - Courts Mi online
Filling out the Motion And Affidavit To Set Aside Default is an important step for individuals seeking to challenge a court's default decision. This guide provides clear instructions on how to complete this form online effectively.
Follow the steps to complete your motion and affidavit online.
- Click 'Get Form' button to obtain the form and open it in the editor.
- Fill in the court information, including the court number, case number, court address, and telephone number of the court. Ensure that the names, addresses, and telephone numbers of both the plaintiff and defendant are entered exactly as they appear on the default entry or default judgment.
- In item 1, identify whether a default was entered or a judgment has been issued. Select the appropriate box (1a, 1b, or 1c) based on your situation and provide necessary dates.
- For item 2, indicate whether you have a valid defense for the claim, and provide details if needed. This may require attaching a separate sheet if your explanation is lengthy.
- Sign the affidavit in front of a notary public or clerk of the court, and remember to bring appropriate identification.
- Make four copies of the completed motion form along with any attachments.
- File the motion with the court either in person or by first-class mail. If mailing, include a self-addressed, postage-paid envelope for the return of copies.
- The court will complete the Notice of Hearing section; do not fill this in yourself.
- Once you have received the copies back from the court, serve a copy to the plaintiff or their attorney by first-class mail. Complete the Certificate of Mailing on your copy of the form.
- Make sure to attend the hearing on your motion. For additional information on preparing for a hearing, refer to the Michigan Court’s Self-Help Center.
Complete your Motion And Affidavit To Set Aside Default online today to ensure your rights are protected.
Fill out a Notice of Motion to Vacate Judgment and Declaration (Small Claims) (Form SC-135 ). File it with the small claims court clerk. Pay the filing fee. If you cannot afford the fee, ask for a fee waiver. The clerk will give you a date for your hearing.
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