Legal Question in Civil Litigation in Michigan

Being Sued by Car Rental Company

I rented a car and took out damage waiver protection which I thought was like comprehensive coverage. A guy I was dating ran off with the car and turned it over for drugs. I called the police on him and they apprehended him and recovered the car from whomever he turned over to. The car rental co. wants to sue me for damage to the car because the coverage does not cover theft and that I failed to secure the keys. None of this was covered when the agent sold me the coverage. I received a letter from the District Court stating a default judgment has been entered by the clerk because I did not get my answer in. I called the court previously to inquire what and how I needed to answer and I did send an answer. The court did not receive it. Is there a way I can resubmit my answer and not have a default judgment, so I can actually appear before the judge? Or does the default judgment stand, but I will get a court date? What exactly happens next? How do I find out if there is a time period before a default judgment is final? Do I have a leg to stand on to win this case and under what grounds? If you make random calls and ask agents and random locations about this coverage they tell you it covers theft!!! How do I prove that?

Thanks


Asked on 6/12/04, 7:26 pm

1 Answer from Attorneys
Janet Ziulkowski Ziulkowski & Associates, P.L.C.

Re: Being Sued by Car Rental Company

Generally, when a default judgment is entered in a Michigan court, it may be overturned if the party has a meritorious defense and has a reasonable excuse for failing to file the answer on a time. For the motion to set aside default to be heard by right, it must be filed within 21 days after entry of the order. If not, under certain circumstances, the motion may be filed and heard by the court by leave. This means the court is not required to hear the motion but may chose to do so. I suggest you talk to an attorney immediately to determine what your rights are. I offer free consultations. If you would like to discuss this in further detail call me.

Janet Ziulkowski

(586) 979-7302

(www.ziulkowskilaw.com)

([email protected])

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Answered on 6/13/04, 6:34 am


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