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  1. #1
    Join Date
    Sep 2009
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    Wink How to Respond to a Motion to Set Aside Default

    My question involves court procedures for the state of: Michigan

    I sued a person for 2 different claims in small claims court. One was non completion of work done on my home and the other one was for a loan I made (family). The judge put them both together and send to civil court.

    The defendant did not answer in time and was issued a default judgment. The filed the Motion and Affidavid to Set Aside Default because "didn't understand what to do so I call court to make it right." (sic)

    The new hearing is coming up for this. Does anyone know whether the case will be just on this hearing, or for the whole case. The defendant also wrote out 2 rambling pages on the answers to my original complaint (which I can type here if that will help). The non-work one they answer that I really didn't hire her although she is the listed owner on the license. The loan she admits that she borrowed but tires to say that her ex worked it off. She also writes in her response that I am only suing because I am mad at her. (I have not talked to her for almost a year and a half).

    Any ideas would be appreciated. thanks

  2. #2
    Join Date
    Sep 2005
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    Default Re: How to Respond to a Motion to Set Aside Default

    The court will know what the hearing is for. I can only assume.

    By " The judge put them both together and send to civil court" do you mean that the combined case was sent out of small claims and into a regular trial court?

    I would expect the hearing to be only on the motion to set aside, with the defendant being expected to show good cause for failing to respond in a timely manner and that she has a meritorious defense to your claim. That can make it a microcosm of a trial, where she presents what she believes her defense to be and you arguing that it has no merit.

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