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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.

If you have Internet access, you can fill out the form online at and print it out. The numbered items below correspond to the numbers on the SAMPLE Proof of Service attached. 1 & 2 File no. - Fill in the trial court case name and number.

To schedule a hearing, contact the court clerk. You can find contact information for your court on the Courts and Agencies page. Call the court clerk to tell them what you are filing and ask for a hearing date. You will need to fill out all of the following information in the Notice of Hearing section of the form.

Fill out form MC 03 (Answer, Civil) on the website or get a paper copy from the court to fill out. Write in the court number, case number, the court address, the court telephone number, and the names, addresses, and telephone numbers of the plaintiff and the defendant exactly as they are on your court papers.

A Proof of Service is a document filed with the Court to show that the summons and complaint were successfully served on the defendant in a lawsuit. After the U.S. Marshal Service serves the summons and complaint, a return receipt, ?green card? (PS Form 3811), will be mailed to the plaintiff, to show proof of service.

You have 21 days from when the default judgment was entered to request it be set aside so you can defend the case. If you were not personally served with the summons and complaint and did not learn about the case until after the default judgment was entered, the 21-day limit does not apply.

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Have asked to have the filing fee waived and;. 2. One complete set of this form (USM-285) and one copy of each writ for each individual, company, corporation, etc.For a waiver, the plaintiff must send to the defendant two copies of a. Notice of Lawsuit and Request for Waiver of Service of Summons form. Number of process to be served with this Form 285. A writ of attachment is a form of prejudgment process in which the court orders the seizure or attachment of property specifically described in the writ. The plaintiff may notify such a defendant that an action has been commenced and request that the defendant waive service of a summons. The two forms you need to complete are: a. "Notice of a Lawsuit and Request to Waive Services of Summons" b. (1) Affidavit Required.

Michigan Plaintiff's Notice Waiving Service by U.S. Marshal

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