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  1. #1
    Join Date
    May 2011
    Posts
    1

    Default Summary Disposition in Michigan

    I hope someone knows how this works in Michigan. I have been reading the chapter 2 civil procedures over and over and having a hard time understanding what is happening here.

    Quick background:

    I received a summons and complaint in early April from an attorney representing a credit card company. I hired an attorney in the same city of the opposing attorney to apparently negotiate and help me with the answer to the summons and complaint in early April. Last Friday I received in a 2 day priority postal package a notice of hearing and a "Plaintiff's Motion for summary disposition and for judgment on the complaint". I spoke with the attorney early this week and we talked about what I would negotiate for and claiming bankruptcy and other options. He told me the package was just a package of paper basically, so I did not panic at that moment. I don't think it is necessary to claim bankruptcy and don't think I should have to pay the abusive penalties, fees and usurious interest rates now considered illegal by the new credit card act and would like to fight those fees. (I did already once with the bank with no success)

    I have been researching for about a week on how to answer this and called the self-help center 2 days ago to find out about sitting in on similar trials and what my next step should be after answering a summons and complaint and receiving the above package. In addition I was not feeling good about what the attorney said and doing nothing. Again this package contained a "Notice of Hearing scheduled next month" and a separate "Plaintiff's Motion for Summary Disposition and for Judgement on the Complaint" as well as another package of paper stapled together called "brief in support of plaintiff's motion for summary disposition and for judgment on the complaint". After reading and researching for a couple weeks I understood this as having to get my answer in 7 days prior to the Notice of Hearing later next month.

    This is where I am having a panic attack and I am not sure I trust this attorney. The courthouse self help lady left me a message earlier today in a panic voice telling me to hurry up and get my objection in asap. I got the message today (Friday) after 5:00 pm and now I am sick to my stomach.

    I am embarrassed to say I am a huge newbie to the court system and never gave it a passing thought until now. It is nearly impossible to understand what is going on in such a short time frame.

    Can someone explain to me what the next step in Michigan is to prevent a default judgement and have my side of the story told? Can the Notice of Hearing letter which starts with "Plaintiff's Motion for Summary Disposition shall be brought on hearing on Monday............." (the date in the letter is later next month) be canceled and a judgment just made anytime?

    Thank you so much in advance for your suggestions...

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Summary Disposition in Michigan

    You need to answer the motion in a timely manner, as defined by the court rules. Getting your answer in sooner, as the "courthouse self help lady" was no doubt trying to tell you, helps ensure that your answer and your service on the opposing party will both be timely.

    Summary disposition is different from a default judgment. A default occurs as the result of failure to appear and defend. Summary judgment results when the opposing party files a motion seeking summary disposition and the judge finds that they have properly made their case despite your responsive pleadings arguing that they have not. The grounds under which they're seeking summary disposition are described in their motion.

    If the other party is inclined, it can cancel the hearing on its motion. I'm not sure why they would want to do that.

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