Michigan Affidavit of Meritorious Defense
Description Affidavit Of Merit Example
How to fill out Michigan Affidavit Of Meritorious Defense?
Have any form from 85,000 legal documents including Michigan Affidavit of Meritorious Defense online with US Legal Forms. Every template is prepared and updated by state-certified lawyers.
If you already have a subscription, log in. Once you are on the form’s page, click the Download button and go to My Forms to access it.
If you have not subscribed yet, follow the tips listed below:
- Check the state-specific requirements for the Michigan Affidavit of Meritorious Defense you need to use.
- Read description and preview the sample.
- Once you are sure the sample is what you need, click Buy Now.
- Select a subscription plan that really works for your budget.
- Create a personal account.
- Pay in one of two appropriate ways: by credit card or via PayPal.
- Choose a format to download the document in; two ways are available (PDF or Word).
- Download the file to the My Forms tab.
- When your reusable form is ready, print it out or save it to your gadget.
With US Legal Forms, you will always have instant access to the appropriate downloadable template. The service gives you access to documents and divides them into categories to simplify your search. Use US Legal Forms to get your Michigan Affidavit of Meritorious Defense fast and easy.
State Of Michigan Affidavit Of Meritorious Defense Example Form popularity
FAQ
Just as there are two ways for a creditor to get a judgment against you, there are two ways to have the judgment vacated. They are: Appeal the judgment and have the appeals court render the original judgment void; or. Ask the original court to vacate a default judgment so that you can fight the lawsuit.
Meritorious defense refers to a defense that addresses the substance or essentials of a case rather than technical objections or delaying tactics. It can be a defense that is based on evidence sufficient to warrant setting aside a default judgment against the defendant in civil litigation.
When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time.
If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to set aside (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.
If the judgment is set aside, you and the creditor are put back in the position you were both in immediately before the judgment. This means if you have an argument or 'defence' against the judgment which you didn't get a chance to raise when the claim was first issued, you have a second chance to do this.
First, you can ask the court to set aside the default judgment and give you an opportunity to contest it. Next, you can settle the debt with the debt buyer for an amount less than what the default judgment is for. And finally you can eliminate the default judgment completely by filing for bankruptcy.
The danger of allowing a default judgment against you is once this occurs the debt buyer can garnish your wages and your bank accounts.If you don't submit a written answer to the lawsuit the court can enter a default judgment giving the debt buyer everything they are asking for.
You cannot appeal this kind of judgment and have a new trial until you vacate the default judgment, that is, until you have the judgment removed or erased. To vacate a default judgment, do the following:Get the form called Notice of Motion to Vacate Judgment from the small claims clerk.
PLAINTIFF'S MOTION TO VACATE THE JUDGMENT: If you are the plaintiff and you did not go to court, you can ask the court to "vacate" (cancel) the judgment if the court ordered a judgment in favor of the defendant.