Motion And Affidavit To Set Aside Default
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1
2Original - Court
2nd copy - Defendant
Approved, SCAO
3rd copy - Proof of mailing
1st copy - Plaintiff
STATE OF MICHIGAN
CASE NO.
MOTION AND AFFIDAVIT
JUDICIAL CIRCUIT
TO SET ASIDE DEFAULT
JUDICIAL DISTRICT
(CIVIL)
Court address
Court telephone no.
Plaintiff's name, address, and telephone no.
Defendant's name, address, and telephone no.
v
Plaintiff's attorney, bar no., address, and telephone no.
Defendant's attorney, bar no., address, and telephone no.
MOTION AND AFFIDAVIT
1.
a. A default was entered against me on
for failure to
answer.
appear.
A judgment has not been entered yet.
b. A default judgment was entered against me on
for failure to
answer.
appear and
21 days has not yet passed since that default judgment date.
c. 21 days has passed since the default judgment was entered, but I was not personally served the summons and complaint.
2.
a. The court lacks jurisdiction because I was not served with the summons and complaint.
b. I have good cause for my failure to appear/answer. I did not appear or answer because:
(Attach a separate sheet if needed.)
I have a meritorious (valid) defense for the claim. My defense is:
(Attach a separate sheet if needed.)
3. I ask the court to set aside the default/default judgment in this case. If required, I agree to appear on the date scheduled by the
court to state my reasons for this request.
4.
This affidavit is made on my personal knowledge and, if sworn as a witness, I can testify competently to the facts in this affidavit.
.
Applicant/Attorney signature
Bar no.
Subscribed and sworn to before me on
,
County, Michigan.
Date
My commission expires:
Signature:
Deputy clerk/Notary public
Notary public, State of Michigan, County of
NOTICE OF HEARING ON MOTION TO SET ASIDE DEFAULT
To be completed by the court.
A hearing will be held on
at
Date
Time
at
before Hon.
.
Location
Bar no.
Date
Deputy court clerk
CERTIFICATE OF MAILING
I certify that on this date I served a copy of this motion and notice of hearing on the parties or their attorneys by first-class mail
addressed to their last-known addresses as defined by MCR 2.107(C)(3).
Date
Signature
MOTION AND AFFIDAVIT TO SET ASIDE DEFAULT, CIVIL
MCR 2.603(D), MCR 2.612(C)
MC 99 (8/12)
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