Legal Question in Civil Litigation in Michigan

In Michigan District Court MCR (Michigan Court Rules) 2.107 (C)(3) States that Sercive by mail is complete at the time of mailing. Any resonable person would have to agree that the U.S. Postal Service has at one time or another NOT delivered first class mail for one reason or another. First Class mail is not GUARANTEED to be delivered by the U. S Postal Service. A "PETITION AND ORDER FOR REMOVAL" from small claims court to the General Civil Division of the court was made by the defendent. The order was approved by the Judge and a copy of the signed order was mailed to the defendent by ordibary mail adddressed to the address show on the order. The "Certificate of Mailing" was signed by the officer of the court that did the mailing. THE ORDER WAS NEVER RECEIVED BY THE DEFENDENT The defendent did not know the order to move to the district court had been approved untill he received a "Default Application, Entry, Affidavit". Upon receipt he went to the court house, was informed that the (questionable) Petional for removal was mailed to him be ordinary mail and because it was mailed he "RECEIVED IT!" HE DID NOT! The defendent requested and was granted a hearing, he had the hearing and his motion to set aside the judgement was denied. FINALLY THE QUESTION. Has MCR 2.107 (C)(3) ever been challenged and is their Michigan case law that we could use to would support our augurement that the "mail" just because it was mailed by ordinary mail does not mean it was received??


Asked on 9/27/12, 1:37 pm

1 Answer from Attorneys
Timothy Klisz Klisz Law Office, PLLC

The court must not have believed the story, what ever it was. That sounds like a reason to set aside the default. The aggrieved party can file an appeal to the circuit court.

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Answered on 9/27/12, 1:42 pm


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