Detroit Michigan Plaintiff's Motion for Entry of Default Judgment

State:
Michigan
City:
Detroit
Control #:
MI-BM-065-08-F
Format:
Word; 
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A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules.This request is filed for uninsured motorist action.
In Detroit, Michigan, a Plaintiff's Motion for Entry of Default Judgment is a legal document filed by the plaintiff in a civil lawsuit when the defendant fails to respond to the complaint or otherwise participate in the legal proceedings within the specified time frame. This motion requests that the court enter a default judgment in favor of the plaintiff, meaning that the plaintiff will be awarded the relief sought in the complaint without the need for further litigation. The purpose of filing a Plaintiff's Motion for Entry of Default Judgment is to ensure that the plaintiff, who has initiated the legal action, does not suffer undue delay or prejudice due to the defendant's failure to defend their case. By seeking a default judgment, the plaintiff is essentially asking the court to recognize the defendant's default as an admission of liability or fault. There are generally two types of Plaintiff's Motion for Entry of Default Judgment that can be filed: 1. Default Judgment for Damages: This type of motion is filed when the plaintiff is seeking monetary compensation for the harm, losses, or damages they have suffered. The motion will outline the specific amount of damages sought and provide supporting evidence, such as financial documents, statements, or expert reports, to justify the claim. The court will review the motion and evidence to determine the appropriate amount of damages to be awarded. 2. Default Judgment for Other Relief: This type of motion is filed when the plaintiff is seeking non-monetary relief, such as specific performance, injunctions, or declaratory judgments. The motion will detail the specific relief sought and provide legal arguments and supporting evidence to demonstrate why the relief is necessary or justified. The court will review the motion and evidence to assess the appropriateness of granting the requested relief. In both types of motions, the plaintiff must provide evidence of properly serving the defendant with the summons and complaint and show that the defendant has failed to respond or appear within the time allowed by law. Additionally, the plaintiff must demonstrate that they have a valid cause of action and that the requested relief is supported by law and facts. Keywords: Detroit Michigan, Plaintiff's Motion, Entry of Default Judgment, civil lawsuit, defendant, complaint, legal proceedings, default judgment, relief, litigation, default, admission of liability, fault, delay, prejudice, damages, compensation, harm, losses, supporting evidence, financial documents, statements, expert reports, appropriate amount, other relief, specific performance, injunctions, declaratory judgments, legal arguments, serving the defendant, summons, cause of action, supported by law.

In Detroit, Michigan, a Plaintiff's Motion for Entry of Default Judgment is a legal document filed by the plaintiff in a civil lawsuit when the defendant fails to respond to the complaint or otherwise participate in the legal proceedings within the specified time frame. This motion requests that the court enter a default judgment in favor of the plaintiff, meaning that the plaintiff will be awarded the relief sought in the complaint without the need for further litigation. The purpose of filing a Plaintiff's Motion for Entry of Default Judgment is to ensure that the plaintiff, who has initiated the legal action, does not suffer undue delay or prejudice due to the defendant's failure to defend their case. By seeking a default judgment, the plaintiff is essentially asking the court to recognize the defendant's default as an admission of liability or fault. There are generally two types of Plaintiff's Motion for Entry of Default Judgment that can be filed: 1. Default Judgment for Damages: This type of motion is filed when the plaintiff is seeking monetary compensation for the harm, losses, or damages they have suffered. The motion will outline the specific amount of damages sought and provide supporting evidence, such as financial documents, statements, or expert reports, to justify the claim. The court will review the motion and evidence to determine the appropriate amount of damages to be awarded. 2. Default Judgment for Other Relief: This type of motion is filed when the plaintiff is seeking non-monetary relief, such as specific performance, injunctions, or declaratory judgments. The motion will detail the specific relief sought and provide legal arguments and supporting evidence to demonstrate why the relief is necessary or justified. The court will review the motion and evidence to assess the appropriateness of granting the requested relief. In both types of motions, the plaintiff must provide evidence of properly serving the defendant with the summons and complaint and show that the defendant has failed to respond or appear within the time allowed by law. Additionally, the plaintiff must demonstrate that they have a valid cause of action and that the requested relief is supported by law and facts. Keywords: Detroit Michigan, Plaintiff's Motion, Entry of Default Judgment, civil lawsuit, defendant, complaint, legal proceedings, default judgment, relief, litigation, default, admission of liability, fault, delay, prejudice, damages, compensation, harm, losses, supporting evidence, financial documents, statements, expert reports, appropriate amount, other relief, specific performance, injunctions, declaratory judgments, legal arguments, serving the defendant, summons, cause of action, supported by law.

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FAQ

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.

As soon as default judgment has been entered, the plaintiff can begin enforcement against you, which may include seizing your property, garnishing your wages or bank account, and requiring you to provide a financial statement and records.

(A) Responses to all motions, except those listed in subparagraph 2(A) below, must be filed within 14 days after service of the motion. (B) If filed, a reply brief supporting such motion must be filed within 7 days after service of the response, but at least 3 days before the motion hearing.

6.500 Motion Definition A 6.500 Motion is often referred to as a Motion for Relief from Judgment and is a form of post-judgment relief. This type of motion is for a defendant who has either exhausted all of their state appeals, missed filing deadlines, or cannot lawfully appeal in the federal court system.

If a Motion for Relief from Judgment is granted, the conviction is removed from a person's criminal history, as if it never happened. The most common way to argue that there is cause to reverse a conviction is a claim of ineffective assistance of counsel.

(A) Entry of Default; Notice; Effect. (1) If a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, and that fact is made to appear by affidavit or otherwise, the clerk must enter the default of that party.

2809. (1) Unless subsection (2) or (3) applies, a judgment lien expires 5 years after the date it is recorded. (2) Unless subsection (3) applies, if a judgment lien is rerecorded under subsection (4), the judgment lien expires 5 years after the date it is rerecorded.

Once a default is entered, the defendant is no longer able to file a response or otherwise participate in the case. When the default is entered, you may also ask the court to enter a judgment in your favor.

Once the court has entered a judgment, your creditor can collect the judgment by garnishing you. This lets the creditor take the money directly from your bank account or paycheck. Your creditor might also legally seize your property.

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If the plaintiff does not show up and the defendant does, or if neither party shows up, the claim will be dismissed. The plaintiff then requested a default judgment under MCR 2.Documents And Information Necessary To File A Motion. 603 - Default and Default Judgment (A) Entry of Default; Notice; Effect. Get free access to the complete judgment in Mowett v. Hon. Stephen J. Murphy. Hon. Stephen J. Murphy. His default was entered on October 24, 2005, and, on April 7, 2006, plaintiffs filed a motion for entry of a default judgment. LawHelp Interactive is a website that helps you fill out legal documents for free. Cases , as we have seen , the decisions are not The judgment of the trial court is reversed , in accord .

No finding will be made by the court regarding: (1) Whether a person has a right to obtain a judgment for non-payment of tax, penalty, or interest; (2) Whether an administrative fee or surcharge or any other charge required by law has been imposed; (3) Whether a provision of the law has been so expressed or interpreted that a penalty or interest is not due; (4) Whether the law is so expressed or interpreted that a person has standing to challenge the law in an administrative or judicial proceeding; or (5) Whether a party has standing to seek the award or relief sought by the other party or third persons, whether the other party or third persons are party defendants. Plaintiff's Motion To Reconsider the Judgment (MOC § 603.005) In support of their motion to reconsider the judgment, plaintiffs request access to court decisions or opinions that pertain to their claims and which the court will review for error, or if judgment was previously entered.

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Detroit Michigan Plaintiff's Motion for Entry of Default Judgment