Oakland Michigan Motion for Entry of Default Judgment

• Category: Michigan Court Samples - Breach of Contract - Dealership Agreements - Sample Case 1
• State: Michigan
• County: Oakland
• Control #: MI-BM-073-02
• Format: PDF

Description

A02 Motion for Entry of Default Judgment Oakland Michigan Motion for Entry of Default Judgment is a legal process initiated by a plaintiff to request the court to grant a judgment in their favor due to the defendant's failure to respond or appear in a lawsuit. This motion is typically filed when the defendant fails to answer the complaint within the required time or neglects to appear in court. In Oakland County, Michigan, there are two common types of motions for entry of default judgment: default judgment by clerk and default judgment by judge. 1. Default Judgment by Clerk: This type of motion is applicable when the plaintiff's complaint states a sum certain (a fixed or easily calculable amount of money) and the defendant fails to respond within the specified time frame. The clerk of the court, upon the plaintiff's request, can enter a default judgment against the defendant. This usually occurs when there is no genuine dispute regarding the amount owed. 2. Default Judgment by Judge: This motion is used when the plaintiff's complaint seeks a judgment that is not a sum certain or when the defendant fails to respond within the required time, but the complaint doesn't state a sum certain. In such cases, the plaintiff must make a motion for default judgment before a judge. This motion includes providing evidence supporting the plaintiff's claim and justifying the requested relief. When filing an Oakland Michigan Motion for Entry of Default Judgment, it is essential to follow specific procedures and guidelines dictated by the local court rules. The motion must be accompanied by a detailed affidavit or other credible evidence supporting the plaintiff's claim. Additionally, the plaintiff should provide a proposed judgment entry for the court's consideration. The purpose of filing this motion is to obtain a final judgment in favor of the plaintiff in cases where the defendant has failed to take any action or respond to the lawsuit. Once the court grants the motion, a default judgment is entered against the defendant, allowing the plaintiff to seek appropriate remedies, such as monetary damages, injunctions, or other relief as stated in the complaint. In conclusion, the Oakland Michigan Motion for Entry of Default Judgment is a crucial legal tool for plaintiffs when defendants fail to respond or appear in a lawsuit. By filing this motion, plaintiffs can request the court to grant a judgment in their favor. It is important to differentiate between the two types of default judgments: default judgment by clerk and default judgment by judge, based on whether the complaint states a "sum certain" or not. Following the necessary procedures and providing substantial evidence is vital to secure a favorable outcome and obtain a final judgment in the plaintiff's favor.

Oakland Michigan Motion for Entry of Default Judgment is a legal process initiated by a plaintiff to request the court to grant a judgment in their favor due to the defendant's failure to respond or appear in a lawsuit. This motion is typically filed when the defendant fails to answer the complaint within the required time or neglects to appear in court. In Oakland County, Michigan, there are two common types of motions for entry of default judgment: default judgment by clerk and default judgment by judge. 1. Default Judgment by Clerk: This type of motion is applicable when the plaintiff's complaint states a sum certain (a fixed or easily calculable amount of money) and the defendant fails to respond within the specified time frame. The clerk of the court, upon the plaintiff's request, can enter a default judgment against the defendant. This usually occurs when there is no genuine dispute regarding the amount owed. 2. Default Judgment by Judge: This motion is used when the plaintiff's complaint seeks a judgment that is not a sum certain or when the defendant fails to respond within the required time, but the complaint doesn't state a sum certain. In such cases, the plaintiff must make a motion for default judgment before a judge. This motion includes providing evidence supporting the plaintiff's claim and justifying the requested relief. When filing an Oakland Michigan Motion for Entry of Default Judgment, it is essential to follow specific procedures and guidelines dictated by the local court rules. The motion must be accompanied by a detailed affidavit or other credible evidence supporting the plaintiff's claim. Additionally, the plaintiff should provide a proposed judgment entry for the court's consideration. The purpose of filing this motion is to obtain a final judgment in favor of the plaintiff in cases where the defendant has failed to take any action or respond to the lawsuit. Once the court grants the motion, a default judgment is entered against the defendant, allowing the plaintiff to seek appropriate remedies, such as monetary damages, injunctions, or other relief as stated in the complaint. In conclusion, the Oakland Michigan Motion for Entry of Default Judgment is a crucial legal tool for plaintiffs when defendants fail to respond or appear in a lawsuit. By filing this motion, plaintiffs can request the court to grant a judgment in their favor. It is important to differentiate between the two types of default judgments: default judgment by clerk and default judgment by judge, based on whether the complaint states a "sum certain" or not. Following the necessary procedures and providing substantial evidence is vital to secure a favorable outcome and obtain a final judgment in the plaintiff's favor.