Legal Question in Civil Litigation in Michigan

Default Judgement

I received an ''Order of Judgement'' on 9/26/01 stating I was in default for non appearance. I had received a collection letter, to which I replied, informing the attorney I could pay $50/month beginning 3/01. I have paid a total of $250.00 of the $364 due. Attorney alleged I have only paid $100. I have cop-ies of the cancelled checks from Credit Union. I was never served, therefore I was unaware of this lawsuit and could not file an answer. Although the judgement has been entered, can I file a motion for a new trial or appearance to have lawsuit dismissed? Which?


Asked on 10/02/01, 4:23 pm

1 Answer from Attorneys

Re: Default Judgement

To Whom It May Concern:

This is in response to your email of October 2, 2001, which this office received on November 7, 2001.

You can file a motion to set the default judgment aside and have the matter decided on its merits. You are particularly likely to prevail if you were not served.

In any case, the sooner you file such a motion, the better. The longer you wait, the less likely you are to prevail.

Sincerely,

Charles L. Nichols

(313) 561-5700

[email protected]

Read more
Answered on 11/13/01, 3:25 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Michigan