Form MC 99 Motion and Affidavit to Set Aside Default (Civil) - Michigan

Form MC99 is a Michigan Courts form also known as the "Motion And Affidavit To Set Aside Default (civil)". The latest edition of the form was released in August 1, 2012 and is available for digital filing.

Download an up-to-date Form MC99 in PDF-format down below or look it up on the Michigan Courts Forms website.

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Original - 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)
Original - 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)
Instructions for Filing and Serving a Motion and Affidavit
to Set Aside Default (Form MC 99)
Use this form if you want to ask the court to set aside a default entry or a default judgment.
1. How do I file a Motion?
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.
2. Fill out the Motion form.
Write in the court number, case number, the court address and telephone number, and the names, addresses,
and telephone numbers of the plaintiff and the defendant exactly as they are on the default entry or default
judgment.
Check box 1a if a default judgment has not been entered yet, write in the date the default was entered, and
check the boxes that are true.
Check box 1b if a default judgment has already been entered, write in the date the judgment was entered, and
check the boxes that are true.
Check box 1c if a default judgment has already been entered, 21 days have passed since the default judgment
was entered, and you were not personally with the summons and complaint.
Check the box that is true in item 2. If you checked box 2b, write in all requested information.
You must sign your name in front of a notary public or the clerk of the court. Be sure to take your driver’s
license or other identification with you. You can find a notary public at most banks.
3. Make four copies of the completed motion form and any attachments.
4. File the Motion with the court.
File all four copies of your motion with the court in person or by first-class mail. If you mail your motion to the
court, include a postage-paid and self-addressed envelope with your motion so that the court can return copies.
5. Notice of Hearing.
The court will complete the Notice of Hearing. Do not write in this space.
6. Serve the Motion.
When you get the three remaining copies of the motion from the court, serve a copy on the plaintiff by first-class
mail. If the plaintiff has an attorney, serve the motion on the attorney instead of the plaintiff. Complete the
Certificate of Mailing on the bottom of your copy of the form. Make a copy of this and file it with the court. You
can do this either in person or by first-class mail. Keep a copy for yourself.
7. What happens next?
You must attend the hearing on your motion. For information on preparing for a hearing generally, see the
Michigan Court’s Self-Help Center at http://courts.michigan.gov/scao/selfhelp/general/hearings.htm.

Download Form MC 99 Motion and Affidavit to Set Aside Default (Civil) - Michigan

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