Motion Set Aside Template With Formulas
Description
How to fill out Motion To Set Aside Entry Of Default And Default Judgment?
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FAQ
Motion to Set Aside Default Judgment Pursuant to Michigan Court Rule, a defendant may move to set aside a default judgment within 14 days after the court sends notice of the judgment to the defendant.
File your Motion and the copies with the court clerk's office in the court where your case was heard. File a copy of the proposed order with your Motion. Contact your court to find out which filing methods are available. Depending on your court, you may be able to file electronically.
A party attempting to set aside a clerk's default must demonstrate excusable neglect, a meritorious defense, and due diligence in order for the trial court to vacate the default.
Rule 1.500 - DEFAULTS AND FINAL JUDGMENTS THEREON (a) By the Clerk. When a party against whom affirmative relief is sought has failed to file or serve any document in the action, the party seeking relief may have the clerk enter a default against the party failing to serve or file such document.
A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.