Michigan Default Judgment

State:
Michigan
Control #:
MI-CIA-07
Format:
PDF
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Description

Default Judgment

Michigan Default Judgment is a court order that a person or business must pay a debt or other obligation when they fail to respond to a claim or lawsuit in a timely manner. This type of judgment is typically only available when the person or business being sued has not responded to the lawsuit within the court-mandated time frame (usually 28 days). It is also known as a Judgment by Default. There are two types of Michigan Default Judgment: Default Judgment by Default and Default Judgment by Confession. A Default Judgment by Default occurs when the defendant fails to file an answer within the time limit set by the court, and the court awards the plaintiff the damages they have asked for. A Default Judgment by Confession occurs when the defendant has filed an answer, but has failed to appear in court. In this case, the court may award the plaintiff the damages they requested.

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FAQ

If you missed a court hearing on a blight ticket and a blight judgment was entered against you by default, you may file a motion to set aside the default judgment. You must file the motion within 21 days of the hearing and pay certain filing fees and costs.

A judgment from a Small Claims case expires six years after it is issued. Most other judgments in Michigan expire 10 years after they are issued. You can renew a judgment before it expires by filing a motion to renew a judgment.

A default divorce in Michigan is one in which the defendant ? the spouse who didn't file for divorce ? takes no action to ?enter? the case after it's been started when the plaintiff files and serves a complaint for divorce. She doesn't respond to the divorce complaint by filing an answer to it in writing.

After the court enters a default or a default judgment against you, you can't take any action in a case until you have it set aside. You can ask the court to set aside your default or default judgment by filing a Motion and Affidavit to Set Aside Default.

If the defendant does not pay the judgment as ordered, you will have to collect your money through an execution against property or a garnishment. To get an execution against property or garnishment, you will first need to know: Where the defendant lives and works.

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.

(9) After a default has been entered under subsection (6), the plaintiff may file with the court a request for default judgment for an amount that does not exceed the full amount of the unpaid judgment, interest, and costs, as stated in the request and garnishment.

More info

A clerk may enter a default judgment in a written obligation (e.g. , contract or promissory note) action only if the amount due is set forth.Items 11 - 19 — Enter default of defendant (names) : d. A program to help you ask the court to vacate a default judgment within 30 days of that judgment. If you fail to file with the court before your deadline, the plaintiff can ask the court for a "default judgment. Complete the rest of this guide when you are ready to request the judgment. You may apply for default judgment if: • Affidavit of Service has been filed with the court. USE NOTE: Plaintiff must complete the Request and the Default Judgment before filing with the court. 1. I request a default entry against. Complete the Default Judgment and present it to the clerk.

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Michigan Default Judgment