Default request, affidavit and entry given even after I responded to the summons. I thought I had a right to defend myself.

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I have a stamped and dated copy of my response letter that was hand delivered to the court, I've done everything my landlord has asked of me. I feel like I'm not being given a fair opportunity to defend myself.

Attorney Answers

2
Robert Craig ThurstonLitigation LawyerDoylestown, PANJ licensed ·
Did you pay the court fee for filing the response? Did the response provide a good defense? I'm assuming this is an eviction case (?). Have you paid some money towards your rent? What is your defense? You may still be defaulted if you have not properly done all that is required to respond to the summons. I would need more facts to determine if you have done so.
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Christine Heckler ·
Under Michigan Court Rule 4.201(F)(4)(a), "[i]f the defendant fails to appear, the court, on the plaintiff's motion, may enter a default and may hear the plaintiff's proofs in support of judgment. If satisfied that the complaint is accurate, the court must enter a default judgment . . . ." Therefore, a default was probably entered against you for failing to appear at the summary proceeding. The is no fee for filing a responsive pleading, but you must also serve the pleading on the Plaintiff and file a proof of service with the court attesting to proper service. You can motion the court to set aside the default if you have a meritorious defense to the eviction. I recommend that you hire an attorney to draft the motion for you. DISCLAIMER: This answer is provided as general information, which may not be appropriate for the specific facts of your particular situation. No attorney-client relationship has been established based on this limited communication. You are advised to consult with an attorney in your jurisdiction before taking any action or inaction that may affect your legal rights. www.hecklerlawoffice.com
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