Michigan Answer to Complaint to Recover Possession of Property is a legal document used to respond to a complaint in Michigan courts which seeks to regain possession of property. The document outlines the defendant’s response to the complaint, including any affirmative defenses or counterclaims. This document is used in situations where a tenant is being evicted, or a creditor is attempting to reclaim property held by the debtor. The Michigan Answer to Complaint to Recover Possession of Property is usually composed of three parts: 1. An Appearance, where the defendant acknowledges service of the complaint and provides contact information. 2. An Answer, where the defendant responds to the allegations contained in the complaint. This may include affirmative defenses, such as the plaintiff’s failure to state a claim, or counterclaims, such as breach of contract. 3. A Demand for a Jury Trial, where the defendant requests a jury trial if the parties cannot reach a settlement. There are two types of Michigan Answer to Complaint to Recover Possession of Property: a standard answer and an answer with counterclaims. In the latter, the defendant adds a counterclaim to the answer, which is a claim against the plaintiff for a different legal issue related to the dispute.
Michigan Answer to Complaint to Recover Possession of Property
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FAQ
Secure A Writ Of Possession Beforehand A writ of possession must be secured before the act of seizure. This writ also referred to as a writ of attachment, serves as the court order to seize property. Failing to secure the writ beforehand and serve it within a set time will only lead to difficulties.
How do I file a Motion? 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.
Personally served with a complaint in Michigan Must serve and file an answer or take other action, as permitted, within 21 days of being served with notice.
Michigan Notice to Quit - What is it? The Michigan Notice to Quit is a type of eviction notice form used by landlords, property managers, and property management companies to notify tenants that they must either comply with an order, or quit and give up possession of the rental property within a certain period of time.
A written response should be filed at least three days before the hearing. You must also have it served at least three days before the hearing if it is served on your spouse in person, or at least five days before the hearing if served by mail.
Filing takes place in the circuit court for the county where the incident occurred or in the circuit court for the county where the defendant lives. To start a civil action, a summons and complaint must be filed, filing fees must be paid, and all of the parties must be served with notice of the complaint.
Time for Filing and Serving Response Personally served with a complaint in Michigan Must serve and file an answer or take other action, as permitted, within 21 days of being served with notice. See MCR 2.108(A)(1).
Fill out form MC 03 (Answer, Civil) on the website or get a paper copy from the court to fill out. Write in the court number, case number, the court address, the court telephone number, and the names, addresses, and telephone numbers of the plaintiff and the defendant exactly as they are on your court papers.