Sample Motion To Set Aside Default Judgment With Motion
Description
How to fill out Motion To Set Aside Entry Of Default And Default Judgment?
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FAQ
A court may enter default, and ultimately default judgment, against a party that fails to plead or otherwise defend against a claim for affirmative relief that has been asserted against that party. MCR 2.603.
The court must set aside a default judgment if you: have paid the whole amount owed (including any interest and costs) before the date the creditor entered judgment; sent back the acknowledgment of service form within the time limit; put in a defence within the time limit; or.
If you file a motion to vacate a default or a default judgment, you must file an answer to the original complaint along with any cross claims or counterclaims you may wish to assert, and the motion must be accompanied by the appropriate fee.
You file a motion by completing the form and filing it with the same court that signed the default entry or default judgment. There is a $20 motion fee for filing a motion to set aside default.
To set aside a default judgment, the defendant must demonstrate that its failure to answer or otherwise appear and defend was due to excusable neglect under the circumstances and that it has a meritorious defense either to the cause of action itself or the quantum of damages assessed.