Michigan Motion To Set Aside Default Judgment is a motion filed by a party to a lawsuit in order to invalidate a default judgment that was entered by the court without their knowledge or consent. This motion is typically used if a defendant in a case did not respond to a complaint or lawsuit within the timeframe specified in the court rules, or if they were not properly served with the complaint or summons. There are two types of Michigan Motion To Set Aside Default Judgment: the standard motion, which is filed within 28 days of the default judgment being entered, or the motion for relief from judgment, which may be filed at any time. In both cases, the motion must demonstrate the existence of extraordinary circumstances that led to the default judgment, and provide evidence that the defendant has a valid defense to the allegations in the complaint.
Michigan Motion To Set Aside Default Judgment
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FAQ
6.500 Motion Definition A 6.500 Motion is often referred to as a Motion for Relief from Judgment and is a form of post-judgment relief. This type of motion is for a defendant who has either exhausted all of their state appeals, missed filing deadlines, or cannot lawfully appeal in the federal court system.
(1) A motion to set aside a default or a default judgment, except when grounded on lack of jurisdiction over the defendant, shall be granted only if good cause is shown and statement of facts showing a meritorious defense, verified in the manner prescribed by MCR 1.109(D)(3), is filed.
What is a set aside application? A defendant who has a default judgment against them can apply to the court that issued the judgment to set it aside. If the court sets aside the judgment, it is as though the order was never made.
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.