Refused To File Motion
Full Conversation
I was refused to file a motion to set aside default judgment in my case and afterwards I was never served any court papers regarding any kind of actual judgement. What can I do?
What is your location, ****? This will help me provide more accurate information.
michigan
What court is your case being handled in, ****?
jackson county
What is the case about, ****? This will help me provide more accurate information. In Michigan, you can appeal a default judgment within 21 days of its entry.
small claims, the plaintiff is taking my home.
What is the reason the plaintiff is claiming your home? In Michigan, small claims court limit is $*,*. They can't handle property disputes. Jackson County Court: +* *-*-*.
breach of contract
What was the contract about and why do they claim you breached it? In Michigan, breach of contract can lead to damages, specific performance, or cancellation and restitution.
failure to pay monthly loan payments on time
What was the agreed upon loan repayment schedule and how many payments have you missed? In Michigan, lenders can start foreclosure after * missed payments.
our court case has ended. I missed court and had a default judgment ruled against me. However afterwards the court clerk refused to allow me to file my motion to set aside that default and then I was never formally served with ANY court documents regarding that final judgement.
What date was the default judgment entered against you? In Michigan, you have 21 days from the entry of default judgment to file a motion to set it aside.
july 7th
Since it's past 21 days from July 7th, you can't file a motion to set aside the default judgment in Michigan. You may want to consult with a lawyer for further options.
That is not my question
I apologize for misunderstanding. Could you please clarify what your specific question is?
I tried to file the motion to dismiss within the 21 day period and the court clerk WOULD NOT ACCEPT IT
What was the reason given by the court clerk for not accepting your motion to dismiss?
She claimed I could not fight the default judgment after seven days when it really should have been 21 days
What date did you attempt to file the motion to set aside the default judgment?
july 11th
If you attempted to file the motion to set aside the default judgment within the *-day period in Michigan, the court clerk should have accepted it. You may want to consult with a lawyer.