How to File a Motion and Affidavit to Set Aside a Default or Default Judgment

Use the Do-It-Yourself Motion to Set Aside Default (Consumer Debt) tool.

Some of the steps later in these instructions may have slightly different information for you depending on how you will file with the court, and so you may want to learn more about the choices in your area.

Each court decides how it will accept documents for filing. Contact your court to find out which methods are available. Depending on your court, you may be able to file by: 

• In-person filing
• E-mail
• E-Filing using MiFILE
• Mailing or dropping off documents

You can find contact information for your court on the Courts & Agencies page of Michigan Legal Help.

MiFILE is only available for some courts. Even in courts where it is available, you can only use it for some case types. The State Court Administrative Office keeps a chart of courts that use e-Filing. To learn more, read What Is E-Filing?.

You must sign the Motion in front of a notary public or a court clerk. You may be able to get your documents notarized for a fee at your local bank. You do not have to pay a fee for signing in front of a court clerk.

You will need to show the clerk or notary public photo identification, such as your driver’s license or state identification card, before you sign your motion.

If you are filing a Fee Waiver Request, it must also be signed and notarized.

If you’re signing your Motion in front of a notary, make three copies after you sign it.

If you’re signing your Motion in front of a court clerk, make three copies before you sign it. You’ll have to sign each one in front of the clerk.

Make copies of your Fee Waiver Request with your Motion if you are filing one.

Make at least one copy of your order.

If you are filing either by e-mail or using MiFILE, you will not need to make copies for the court.

File your Motion and the copies with the court clerk’s office in the court where your case was heard. File a copy of the proposed order with your Motion.

Contact your court to find out which filing methods are available. Depending on your court, you may be able to file electronically. To learn more about filing methods that may be available, read Step 1. If you are e-Filing using MiFILE you will need to know the case-type code. The case type code should either be GC or SC. You can check the case number to find out which code to use.

If you file in person, work with the clerk to get a hearing date and fill out the Notice of Hearing section of your motion. If you are not filing in person (such as filing by MiFILE, email, or mail), call the court and ask how they would like that section to be completed. They may give you a hearing date or choice of dates, or they may ask you to leave it blank for the court to assign a date later.

You must pay the filing fee when you file your motion. If you are filing a Fee Waiver Request, wait until it is approved by the court or pay the filing fee.

If you file in person, give the clerk the original and all the copies. The clerk will give you back what the court doesn’t need after signing the documents. If you file by mail, include a self-addressed stamped envelope so the clerk can return your copies to you.

Please note that completing the documents on Michigan Legal Help or LawHelp Interactive does not file anything with the court.

You must serve (send) a copy of the motion on your creditor. If the creditor has an attorney, serve the attorney instead.

You must serve these documents electronically if you can and if your creditor or your creditor's attorney has access to e-mail. If you or your creditor/creditor’s attorney can't do this electronically, or if you are not sure, you can serve it by regular mail.

If you are using MiFILE to file documents electronically, your documents will be served (sent to the other party) electronically as long as the other party is also using MiFILE. If the other party is not using MiFILE, you will need to serve the documents by e-mail, if possible, or by regular mail if electronic options are not available.

MiFILE is only available for some courts. Even in courts where it is available, you can only use it for some case types. The State Court Administrative Office keeps a chart of courts that use e-filing. To learn more, read What Is E-Filing?.

If you are serving documents by e-mail, keep the following rules in mind:

• All documents must be in PDF format;
• The e-mail subject line must include the name of the court, case name, case number, and the title of each document being sent;
• If you e-mail a document at or before 11:59 p.m., it is considered served on that day. If you send the e-mail on a Saturday, Sunday, or legal holiday, it is considered served on the next business day;
• Do not delete any e-mails you send to the other party, especially e-mails that served court documents. You must keep a record of sent items until a judgment or final order is entered and all appeals have been completed.

Service must be completed at least 9 days before the hearing date if you mail it or at least 7 days before the hearing date if it is personally delivered or served through MiFILE. If you are serving through e-mail, the court rule is not clear about the timeline. To be on the safe side, complete service at least 9 days before the hearing date.

After you serve the document, you must complete the Certificate of Mailing on the bottom of one copy of the motion if you will be filing it electronically. If you will be filing in person or by mail, complete the Certificate of Mailing on your remaining copies. If you only have one copy of the motion left because you left an extra copy with the court clerk for the judge, make a copy of the motion with the completed Certificate of Mailing. File one copy of the motion with the court and keep one for your records.

File the Certificate of Mailing the same way you filed your other documents.

If you served the motion electronically, cross out the part of the Certificate of Mailing section that says “first-class mail addressed to their last-known address as defined in MCR 2.107(C)(3)” and write how you served your documents. If it is by e-mail, include the e-mail address you used. For example, you could write “I served this document by e-mail to emailaddress@email.com.”

If you served the other party using MiFILE, you will not need to file a Proof of Service. MiFILE will create and file a Proof of Service for you.

Prepare yourself before the day of the hearing. Make a list of what you think the judge needs to know. Review the reasons you believe your default or judgment should be set aside. Be ready to explain them to the judge.

Gather your evidence. Evidence is what you show a court to prove your case. It includes any documents that support it, as well as statements from other people who know firsthand about what happened.

For your hearing, the judge might want to see proof of your reason for failing to go to court or respond to court documents and your meritorious defense. Bring any documents to prove your statements to the court. This is your evidence.

Watch the video Going to Court for more information about your appearance in court.

Attend the hearing and be prepared to tell the judge why the default or default judgment should be set aside. The hearing will take place at the time and location stated in the notice.

Go to the hearing location on the scheduled day and time. Dress neatly. Arrive 10 or 15 minutes before your scheduled hearing time. Tell the clerk your name, that you are there for a hearing, and that you are representing yourself. Follow the clerk’s directions and do not interrupt any hearing in progress.

Be prepared to spend most of the morning or afternoon in court. Bring your witnesses and your evidence with you. Remember to speak clearly, answer any questions the judge asks, and don’t interrupt the judge or the other party.

When people represent themselves in court, they are expected to follow the same rules an attorney does. Information about appearing in court is available in our Going to Court video.

When you are called, go to the podium and tell the judge:

• Your name

• That you’re representing yourself

• What you want the court to order

• The facts that support your request, including the evidence you’ve brought

• If you have any witnesses who are willing to testify

• Any other information you think the court should hear

Answer the judge’s questions clearly and directly. If the judge wants to hear from your other witnesses, ask them to tell the court what they know or saw regarding your situation.

If your creditor or your creditor’s attorney is in court, they will also have a chance to speak. Take notes so you can ask follow up questions when it’s your turn.

After the hearing, the judge will issue an order granting or denying your Motion. Bring the Order to the hearing with you. Fill it out so it states what the judge ordered in court. Ask the judge to sign it at the hearing.

Send a copy of the signed Order to your creditor unless the court clerk tells you that the court has sent one.