Defaults and Dismissals Before Trial

Question 1

When can a default judgment be set aside in Michigan?

Answer 1

Unless the claim is that the court lacked personal jurisdiction over a defendant, generally a default or default judgment can only be set aside if two things are shown:

1. Good Cause
2. Meritorious Defense

Question 2

What is Good Cause to set aside a Default Judgment?

Answer 2

To show good cause, one must show:

1. a substantial defect or irregularity in the proceedings upon which the default was based, OR
2. a reasonable excuse for failure to comply with the requirements which created the default

Question 3

What is a meritorious defense that can set aside a default judgement?

Answer 3

Court will consider whether the affidavit contains evidence that:

1. the plaintiff cannot prove or defendant can disprove an element of the claim or statutory requirement
2. a ground for summary disposition exists, or
3. the plaintiff’s claim rests on evidence that is inadmissible

Question 4

When must the motion to set aside a default judgment be filed?

Answer 4

within 21 days of judgment

Question 5

Does a Default Judgment waive a jury trial?

Answer 5

No, if a jury trial is properly requested, the jury will determine the amount owed

Question 6

What relief is granted after a default judgment?

Answer 6

Amount requested in complaint, but a higher amount can be requested if notice is given to the defaulting party