This form is an entry of default. This form is used when the defendant fails to plead or otherwise defend in a case as required by law.
Michigan Entry of Default - B 260
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How to fill out Entry Of Default - B 260?
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If you don't file a response to divorce papers, your spouse can request a default. This means asking the court to decide the case without your input. In a default divorce, the court makes the final decisions based on the information from your spouse, and what the law says, without hearing your side.
A court may enter default, and ultimately default judgment, against a party that fails to plead or otherwise defend against a claim for affirmative relief that has been asserted against that party. MCR 2.603.
File your Motion and the copies with the court clerk's office in the court where your case was heard. File a copy of the proposed order with your Motion. Contact your court to find out which filing methods are available. Depending on your court, you may be able to file electronically.
NOTE: Default can be entered by a district court clerk without the request of a party. The default of the party named above for failure to plead or otherwise defend is entered.
You will need to schedule a hearing to enter a Judgment of Divorce by default. The hearing date usually needs to be at least six months after the date you filed your divorce. The hearing could be sooner if you filed a motion to waive part of the waiting period and the judge granted a waiver.
A default judgment can be entered by a clerk or by a judge. In simple civil cases and where the defendant is neither a minor nor an incompetent person, the clerk, with an affidavit showing the amount due, can enter the judgment for that amount.
You have 21 days from when the default judgment was entered to request it be set aside so you can defend the case. If you were not personally served with the summons and complaint and did not learn about the case until after the default judgment was entered, the 21-day limit does not apply.
If you want to file a request to seize property, you may use form MC 19, Request and Order to Seize Property. If the court officer is successful in collecting money from the defendant, this process costs you nothing. The defendant is required to pay all court officer expenses as well as the judgment.