Michigan Default Request, Affidavit, Entry And Judgment

State:
Michigan
Control #:
MI-BM-079-03
Format:
PDF
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Description Default Request And Entry

A03 Default Request, Affidavit, Entry And Judgment

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FAQ

A default judgment means that the court has decided that you owe money. This a result of the person suing you in small claims court and you failed to appear at the hearing.

A simple default doesn't mean you legally owe a certain amount of money. A default judgment identifies the amount you owe the plaintiff. You don't want this to happen because a default judgment makes you a judgment debtor. Plaintiff may use all sorts of legal procedures to legally take your money and property.

In most cases, however, default judgment can be obtained through an administrative process, simply by filing a request with the court, and even where an application is required it can in some circumstances be made without notice to the defendant.

A very important fact you should keep in mind is that California courts do impose a timeline for seeking entry of a default judgment. Specifically, a request for entry of default must be filed within 10 days following a defendant's failure to timely file and serve a responsive pleading.

Generally, if a defendant fails to respond to a complaint you can get a default judgment after 45 days. However, the court system is very slow these days and it can take several months to get the court to issue the default judgment.

Default judgments happen when you don't respond to a lawsuit often from a debt collector and a judge resolves the case without hearing your side. In effect, you're found guilty because you never entered a defense. Default judgments are sometimes called automatic judgments because of how fast they can happen.

Step 1: Make Sure You've Met the Requirements for a Default. Step 2: Decide How You Wish to Proceed. Step 3: Complete the Necessary Forms. Step 4: Complete Your Declaration in Support of Default Judgment. Step 5: Calculate Prejudgment Interest, if Appropriate. Step 6: Copy and Assemble Your Documents.

Accept the judgment. Settle the judgment for less. Challenge the judgment. Pursue debt relief.

A simple default doesn't mean you legally owe a certain amount of money. A default judgment identifies the amount you owe the plaintiff. You don't want this to happen because a default judgment makes you a judgment debtor. Plaintiff may use all sorts of legal procedures to legally take your money and property.

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Michigan Default Request, Affidavit, Entry And Judgment