Legal Question in Civil Litigation in Michigan

summary diposition

what is a summary disposition and how do I repley to one. I need to file a counter affidavit, for the plaintiff's complaint.as required by MCLA600.2145 how and were do I go. do I have to fill out a general affidavit or affidavit for deptor. I replyed with the answer civil form but that was not good I did not reply right. opposing affidavit


Asked on 5/09/03, 12:01 am

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

Re: summary diposition

It sounds like a collection case was filed against you. They attached an affidavit making it a "stated account". Your failure to file a counter affidavit means that they have put forth what is known as a "prima facie" case. This means that unless you counter with substantial evidence, they automatically win. You only have 10 days to file the affidavit, unless the court allows you more time. Basically, just file a paper saying that you were first sworn and tell your story as to why you do not owe the money and have it notarized. The judge will probably accept it. You must jump on this due to the time constraints. If you have already blown the time period, get a motion form from the court and file a motion to allow you extra time to file the affidavit. Bill Stern 248-353-9400

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Answered on 5/09/03, 9:42 am


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