Form DC 111D Answer, Termination of Tenancy - Mobile Home Park - Mobile Home Owner (Just-Cause Termination) - Michigan

Form DC111D or the "Answer, Termination Of Tenancy - Mobile Home Park - Mobile Home Owner (just-cause Termination)" is a form issued by the Michigan District Court.

Download a PDF version of the Form DC111D down below or find it on the Michigan District Court Forms website.

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Form DC 111d
ANSWER, TERMINATION OF TENANCY
Mobile Home Park-Mobile Home Owner
(Just-Cause Termination)
Use this form if:
• you get a copy of DC 102d, Complaint, Termination of Tenancy, Mobile Home Park-Mobile Home
Owner (Just-Cause Termination) and you want to file with the court a written answer to the statements
made in the complaint.
Form DC 111d
ANSWER, TERMINATION OF TENANCY
Mobile Home Park-Mobile Home Owner
(Just-Cause Termination)
Use this form if:
• you get a copy of DC 102d, Complaint, Termination of Tenancy, Mobile Home Park-Mobile Home
Owner (Just-Cause Termination) and you want to file with the court a written answer to the statements
made in the complaint.
ANSWER CHECKLIST
Use the following checklist to make sure you have done all the steps that are needed.
DID YOU . . .
1.
Fill out all requested information on the form?
YES
2.
Attach a copy of any supporting documents?
YES
3.
Make all necessary copies of the form and supporting documents?
YES
4.
File the answer and supporting documents with the clerk of the court?
YES
5.
Have the answer and supporting documents served on the mobile
home park owner or operator?
YES
6.
Keep one copy of the answer and supporting documents for yourself?
YES
By using this form packet you are representing yourself in a court action for eviction.
In order to receive the action you seek, you must follow the instructions in this packet.
If you fail to do even one of the required steps, the court may not give you the result
you want.
If you have questions about any step in the process, refer to pages 3 through 5
of this booklet for details and visit www.michiganlegalhelp.org.
PAGE 2
INSTRUCTIONS FOR USING FORM DC 111d
FILING AND SERVING AN ANSWER TO A COMPLAINT
»» DECIDING TO FILE AN ANSWER
If you received a complaint from a mobile home park owner or operator because of termination of
tenancy (form DC 102d), you are required to appear and answer the complaint by the date on the
summons. If you do not appear and answer as required, the court may enter a default judgment
against you. This means the judge may grant a judgment for the plaintiff (landlord) without hearing from
you.
You can appear and answer by either: 1) filing a written answer or motion and serving the plaintiff
(landlord) with that answer or motion; or 2) orally answering each allegation in the complaint at the
hearing. Under local court rule, the following courts require a written response to be filed with the court
before the hearing/trial will be scheduled: 1st District Court (Monroe County), 2A District Court
(Lenawee County), 12th District Court (Jackson County), 18th District Court (City of Westland), 27th
District Court (City of Riverview), 55th District Court (Ingham County), 81st District Court (Alcona,
Arenac, Iosco, and Oscoda Counties), 82nd District Court (Ogemaw County), and 95B District Court
(Dickinson and Iron Counties).
If you decide to file a written answer, you can use the instructions in this packet to complete and file
your answer.
»» FILING AN ANSWER
1. Do you need an attorney?
You must file your answer with the same district court where the complaint was filed. You can either
hire an attorney or you can represent yourself. If you can follow all the steps outlined in this packet,
you may not need an attorney. However, if after reading this packet you think you need assistance,
you should call an attorney.
2. What does it cost?
There is no fee for filing an answer. However, if the judge rules in favor of the landlord (plaintiff),
any of the fees paid by the plaintiff may be added to the judgment amount against you. This can be
anywhere from $75.00 to several hundred dollars. Also, if you demand a jury trial, you must pay a
jury demand fee of $50.00.
3. Fill out the Answer form.
Fill out form DC 111d (Answer, Termination of Tenancy, Mobile Home Park-Mobile Home Owner,
Just-Cause Termination) on the website or get a paper copy of the form from the court to fill out.
Follow the instructions on page 6. After completing form DC 111d, print four copies.
4. File the Answer form with the court.
You can file your answer form with the court in person or by first-class mail.
PAGE 3
5. Serving the Answer form.
You must serve a copy on the plaintiff by first-class mail. If the plaintiff has an attorney, make sure
you serve the answer form on the attorney instead of the plaintiff. It is important to serve the answer
before the date of the hearing.
After you mail the answer form to the plaintiff, complete the certificate of mailing on the bottom of
the form. It must be filed with the court. You can do this either in person or by first-class mail. Keep
the remaining copy of the answer form for yourself. You will need it at the hearing.
6. Prepare for the hearing/trial.
To prepare for the hearing, gather the evidence you need to prove your case. This might include a
receipt, guarantee, lease, contract, government inspection report, or accident report. If a damaged
article is too big to bring with you, photographs can be presented as evidence.
It is unlikely that a letter or affidavit from a witness will be accepted as evidence by the court without
the witness being physically present at the hearing/trial. Therefore, it is strongly recommended that
witnesses appear with you at the hearing/trial. If a witness is unwilling to appear, you can ask the
clerk of the court to issue an order to appear (subpoena), requiring the witness to appear at the
hearing/trial. The order to appear must be served on the witness (along with any witness fee) no
later than two days before the hearing/trial. You can pay the clerk of the court to make arrangements
for service of this order.
»» INFORMATION ABOUT ATTENDING THE HEARING
Bring with you to the hearing your copy of the summons and complaint packet and, if you
prepared one, your written answer. Also, bring with you all the evidence you gathered and any
witnesses who are willing to testify. The hearing will usually take place at the location stated in the
summons/notice to appear. It is important for you to arrive at the court on time. If you are not in court
when your case is called, the court may enter a default judgment against you.
1. If you are representing yourself, you are expected to conduct yourself in a professional manner and
to follow the same general rules as an attorney.
2. Make a list of information you think is important for the judge to know. You can use this list as a
reminder to bring up the points you think are important.
3. If you need someone to attend this hearing who is unwilling to attend, follow the procedure in
MCR 2.506 to get an order to appear (subpoena) or consult with an attorney.
4. Go to the court on the scheduled day and time. Dress neatly. Arrive 10 or 15 minutes early. Bring
your witnesses with you.
5. Go to the clerk and tell him/her your name and that you are there for a hearing. Follow the clerk's
directions and do not interrupt any hearing in progress.
PAGE 4
6. The court will call the case and the plaintiff will have an opportunity to explain the case to the judge
and to prove that the plaintiff is entitled to possession according to law. Evidence that you present is
subject to the Michigan Rules of Evidence. Witnesses will be allowed to tell the court about facts they
know firsthand that support your evidence.
7. When you are called, go to the front of the courtroom and follow the directions of the judge. The hearing/
trial will generally be conducted following the procedure in MCR 2.507. Make sure you read this court rule
before the hearing/trial.
8. After the judge makes a decision, in most cases the court will prepare an appropriate judgment.
9. The judge will instruct you about what to do next.
»» EVICTING THE TENANT
If the court enters a judgment in favor of the plaintiff (mobile home park owner/operator) and you do not
move as stated in the judgment, the plaintiff can file an application with the court to have the you evicted.
See MCR 4.201(K)(5) and (L)(1). If an order of eviction is entered, the plaintiff must serve the order on
you as stated in MCR 2.602(D)(1). An order of eviction can only be enforced by those persons specified
in MCR 3.106(B).
»» COLLECTING A MONEY JUDGMENT
If a money judgment is awarded and it is not paid when ordered, additional papers must be filed with the
court to collect on the judgment by having wages or a bank account garnished or property seized. This
cannot occur until 21 days after the judgment is entered. The court may ask that information be provided
for these collection efforts. See http://courts.mi.gov/self-help/center/collect/pages/default.aspx for details.
PAGE 5

Download Form DC 111D Answer, Termination of Tenancy - Mobile Home Park - Mobile Home Owner (Just-Cause Termination) - Michigan

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