Legal Question in Civil Litigation in Michigan

Set aside Default no notice to appear for countersuit

Have purchase agree. w/washer/dryer.No washer/dryer. Sue small claims plain atty moves to district w/ countersuit. Says their suit is for delay in closing. Original P agree. states $15,000, subsequent P agree. raised to $17,000 to accomodate seller for two month delay in financing.seller accepts deal is done w/washer/dryer still included. Plain. atty has knowledge of both P. agreements, judge does not have privy to their existence. No service prior to receiving Default dated by court Jan. 20, 2005. No court date or notice to appear. Only notice we have is for our original date on Feb. 10, 2005. We are anxious to prove our case, we want it heard not just defaulted away. This action is only on their counter suit so I assume the original filing is still active. Do you agree? I Will file motion to set aside. How? Have forms. Will do immed. Need pointers as to how and reason, should I include atty's knowledge of detrimental second P. agreement? I showed it to him and the next we know Default Judgement! Advice on how to proceed as quickly as possible. 37th District Ct. Warren, Michigan, Judge Chumera. Thanks to any and all.


Asked on 1/26/05, 9:34 pm

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: Set aside Default no notice to appear for countersuit

You need a lawyer that will work inexpensively but with quality. Call Staci Giske at 248-398-9770. Tell her I told you to call. (She may be listed under Staci Bloch as she recently was married. William S. Stern

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Answered on 1/26/05, 9:58 pm


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