The Michigan Motion and Affidavit to Set Aside Default Money Judgment (Landlord/Tenant) is a legal document filed in a Michigan court by a tenant in order to set aside a default money judgment that was entered against them in a landlord/tenant dispute. This motion must be filed within 28 days of the default money judgment being entered, and must include an affidavit sworn to be true by the tenant. This motion requests that the court overturn the default money judgment and allow the tenant to have a trial on the merits of the case. There are two types of Michigan Motion and Affidavit to Set Aside Default Money Judgment (Landlord/Tenant): 1. Motion to Set Aside Default Money Judgment: This motion requests the court to set aside a default money judgment that was entered against the tenant in a landlord-tenant dispute, allowing for a trial on the merits of the case. 2. Motion to Vacate Default Money Judgment: This motion requests the court to vacate a default money judgment that was entered against the tenant in a landlord-tenant dispute, allowing for a trial on the merits of the case.
Michigan Motion and Affidavit to Set Aside Default Money Judgment (Landlord/Tenant)
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FAQ
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.
A motion may seek relief from one judgment only. If the defendant desires to challenge the validity of additional judgments, the defendant must do so by separate motions. For the purpose of this rule, multiple convictions resulting from a single trial or plea proceeding shall be treated as a single judgment.
(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.
With a Default Judgment entered, the case is technically over, and you are not allowed to appear in front of the court again to argue your defense. So, to get your case back online and be able to end any garnishments or liens, you must immediately file a Motion to Set Aside the Judgment.
To ask a court to set aside (cancel) a court order or judgment, you have to file a ?request for order to set aside,? sometimes called a ?motion to set aside? or ?motion to vacate.? The terms ?set aside? or ?vacate? a court order basically mean to ?cancel? or undo that order to start over on a particular issue.
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.
A default judgment lets your landlord evict you and collect any claimed past-due rent or other relief your landlord asked for in the case. If a default judgment is entered against you, you can ask the judge to set aside the judgment and schedule a new hearing.
(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.