Legal Question in Landlord & Tenant Law in Michigan

Can Plaintiff's File A Motion To Amend A Landlord/Tenant Civil Judgment To Add Additional Damages? What Forms Would Title The Motion And Where Would We Obtain Them?

On March 19th 2009 there was a trial and the Judge asked our former Landlord if an action was filed with the Court for a Money Judgment for damages claimed, and the response was no. At that time our formal request to the Landlord for the return of our security deposit was 11 months old. According to Landlord/Tenant Act 348 of 1972, Section 554.604, there is a 45 day limit for the Landlord to file a law suit to keep any portion of our security deposit had long expired, and we expected the Judge to hold the Landlord liable for double as the legislature describes he could have.

We would like to Motion the Court to amend it's current Judgment and order the Landlord to be liable for double the security deposit. The Landlord has used very evasive tactics for months to avoid paying.

Pursue


Asked on 1/13/10, 3:21 pm

1 Answer from Attorneys
Stuart Collis Collis, Griffor & Hendra, PC

First, you would have to make a motion for a new trial and you would have to follow the court rules regarding that. You're long beyond a motion to set aside a default judgment but may make a motion for relief from judgment. However, granting that is purely within the judge's discretion. There are no specific forms for such a motion. I would advise hiring an attorney.

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Answered on 1/22/10, 4:45 pm


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