Legal Question in Civil Litigation in Michigan

appealing a default judgement

A default judgement was entered aginst me, 6 months later the default judgement was over turned by another judge and a trail was in process, then the chief judge step in and reinstated the default judgement stating that the jugement should have never been set aside. Can i Appeal this decesion in another court. and how.


Asked on 12/06/06, 9:29 pm

2 Answers from Attorneys

Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: appealing a default judgement

In addition to the information provided by Mr. Stern, you can file a motion for reconsideration if you have not run out of time. If you appeal to the circuit court within 21 days, you also have to post a bond which is costly and/or difficult.

I do a great deal of this type of work and would be available to discuss your options. You can call me at 248.679.1552.

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Answered on 12/07/06, 9:26 am
William Stern William Stern, P.C.

Re: appealing a default judgement

You can appeal to the next higher court. If the original case was in a district court, you would appeal to the circuit court. If the original was in the circuit court, then you'd go to the Court of Appeals. You should take the appeal within 21 days of the date of the order from which you are appealing. There is a possibility of a delayed appeal but it becomes much, much harder. It is expensive. The filing fee alone to the Court of Appeals is $250-300 or more. You really need a lawyer to do the case any justice. William S. Stern

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Answered on 12/06/06, 10:05 pm


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