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Filing a Request to Seize Property Form MC 19, Request and Order to Seize Property, is used to start the process. Complete the Request portion of form MC 19 and file it with the court. The filing fee varies. The court will issue the order by signing the form, and it will be executed by a sheriff or court officer.
An entry of default is the first step to obtaining a default judgment against a party, and allows you to proceed in the action without further notice or input from the opposing party.
Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law. The failure to take action is the default. The default judgment is the relief requested in the party's original petition.
Request for Entry of Default (Application to Enter Default) (CIV-100) Asks the court to enter a "default" against the defendant or cross-defendant because they failed to file an Answer or other responsive document in the case.
A party seeking entry of default must file a written application that: (A) identifies the party against whom default is sought; (B) states that the party has failed to plead or otherwise defend within the time allowed by these rules; (C) provides a current mailing address for the party claimed to be in default or, if ...
On written request of the plaintiff verified under MCR 1.109(D)(3) as to the amount due, the clerk may sign and enter a default judgment for that amount and costs against the defendant, if (a) the plaintiff's claim against a defendant is for a sum certain or for a sum that can by computation be made certain; (b) the ...
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.
An order of default is a court order saying that one party (usually the plaintiff) has won the case, and the defendant has lost, because the defendant did not participate in the case. The order of default does not settle the issue of how much money is owed.