Approved, SCAO

STATE OF MICHIGAN

JUDICIAL CIRCUIT
JUDICIAL DISTRICT

Court  address

Original - Court
1st copy - Plaintiff

MOTION AND AFFIDAVIT
TO SET ASIDE DEFAULT
(CIVIL)

2nd copy - Defendant
3rd copy - Proof of mailing

CASE NO.

Court  telephone  no.

Plaintiff's name, address, and telephone no.

Defendant's name, address, and telephone no.

v

Plaintiff's attorney, bar no., address, and telephone no.

Defendant's attorney, bar no., address, and telephone no.

MOTION AND AFFIDAVIT

1.

a. A default was entered against me on

A judgment has not been entered yet.

for failure to

answer.

appear.

b. A default judgment was entered against me on

for failure to

answer.

appear and

21 days has not yet passed since that default judgment date.

2.

c. 21 days has passed since the default judgment was entered, but I was not personally served the summons and complaint.
a. The court lacks jurisdiction because I was not served with the summons and complaint.
b. I have good cause for my failure to appear/answer.  I did not appear or answer because:  (Attach a separate sheet if needed.)

I have a meritorious (valid) defense for the claim.  My defense is:  (Attach a separate sheet if needed.)

3. I ask the court to set aside the default/default judgment in this case.  If required, I agree to appear on the date scheduled by the

court to state my reasons for this request.

4. This affidavit is made on my personal knowledge and, if sworn as a witness, I can testify competently to the facts in this affidavit.
.

Applicant/Attorney  signature

Bar no.

Subscribed and sworn to before me on

,

Date

  County, Michigan.

My commission expires:

Signature:

Deputy clerk/Notary public

Notary public, State of Michigan, County of

To be completed by the court.

NOTICE OF HEARING ON MOTION TO SET ASIDE DEFAULT

A hearing will be held on

Date

at

Location

Date

at

Time

before Hon.

   .

Bar no.

Deputy court clerk

CERTIFICATE OF MAILING

I certify that on this date I served a copy of this motion and notice of hearing on the parties or their attorneys by first-class mail
addressed to their last-known addresses as defined by MCR 2.107(C)(3).

Date
MC 99   (8/12)   MOTION AND AFFIDAVIT TO SET ASIDE DEFAULT, CIVIL

Signature

MCR 2.603(D), MCR 2.612(C)