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Michigan Motion to Set Aside a Default Judgment

Set aside a Michigan default judgment under MCR 2.603(D). If you were personally served, file within 21 days of the judgment and show good cause plus a sworn meritorious defense.

Introduction

A motion to set aside a default judgment asks the court to undo a judgment entered against you because you did not respond to the lawsuit in time, so you can defend the case on the merits. In Michigan the main path is Michigan Court Rule 2.603(D). Except when the motion is grounded on lack of jurisdiction over the defendant, the court will grant relief only if you show both good cause for the failure to respond and file an affidavit of facts showing a meritorious defense, meaning a real, sworn defense you would raise if the case reopens. Michigan also sets a hard outer window. Under MCR 2.603(D)(2), if you were personally served with the lawsuit, the default judgment may be set aside only if your motion is filed before the default judgment is entered, or within 21 days after it was entered. That 21 days runs on calendar days from entry of the default judgment. A longer relief track exists under MCR 2.612(C). Relief for mistake, inadvertence, surprise, or excusable neglect must be sought within one year, while relief for a void judgment (often because you were never properly served) may be sought within a reasonable time, with no fixed one-year cap. Good cause can be shown by a substantial procedural defect or a reasonable excuse for the default. Missing the 21-day window can close off the MCR 2.603 path, so act quickly. DocDraft drafts a Michigan motion to set aside a default judgment from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    A default judgment is the judgment entered when a defendant does not respond in time. In Michigan you undo it with a motion to set aside under Michigan Court Rule 2.603(D), which reopens the case so it can be decided on the merits.

  2. 2

    The main rule is MCR 2.603(D). Except when the motion is grounded on lack of jurisdiction over the defendant, the court will grant it only if you show good cause and file an affidavit of facts showing a meritorious defense.

  3. 3

    If you were personally served, the deadline is short. Under MCR 2.603(D)(2) the motion must be filed before the default judgment is entered, or within 21 days after it was entered. Those 21 calendar days run from entry of the default judgment.

  4. 4

    The meritorious-defense showing must be sworn. MCR 2.603(D)(1) requires an affidavit of facts, verified in the manner prescribed by MCR 1.109(D)(3), not a mere allegation. The court wants the actual facts of the defense you would raise.

  5. 5

    Good cause can be shown two ways: a substantial procedural defect or irregularity in how the default was taken, or a reasonable excuse for the failure that created the default. You generally need good cause and the meritorious defense together.

  6. 6

    A longer relief track exists under MCR 2.612(C). Relief for mistake, inadvertence, surprise, or excusable neglect must be sought within one year, while relief for a void judgment may be sought within a reasonable time, with no fixed cap.

  7. 7

    You file the motion in the trial court where the case is pending, the circuit court or district court named in the case caption. Michigan provides SCAO-approved Form MC 99, Motion and Affidavit to Set Aside Default, which cites MCR 2.603(D) and MCR 2.612(C).

Key decisions before you file

Before you file a Motion to Set Aside a Default Judgment in Michigan, a few decisions shape the document: which option to choose and what each one means. The Motion to Set Aside a Default Judgment guide walks through them.

Open the Motion to Set Aside a Default Judgment guide

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STATE OF MICHIGAN IN THE [CIRCUIT / DISTRICT] COURT FOR THE COUNTY OF [COUNTY]

[PLAINTIFF NAME], Plaintiff,

 v.

[DEFENDANT NAME], Defendant.

Case No.: [CASE NUMBER] Hon. [JUDGE NAME]

MOTION AND AFFIDAVIT TO SET ASIDE DEFAULT JUDGMENT

[MCR 2.603(D); MCR 2.612(C)]

NOW COMES Defendant [DEFENDANT NAME], and moves this Court for an order setting aside the default judgment entered on [DATE OF JUDGMENT], and states:

  1. A default was entered against Defendant on [DATE], and a default judgment was entered on [DATE OF JUDGMENT], because [describe why Defendant did not respond in time].

  2. TIMELINESS. Defendant was personally served on [DATE]. This motion is filed within 21 days after entry of the default judgment, as required by MCR 2.603(D)(2). [If not personally served or relief is sought under MCR 2.612(C), state the basis and that the motion is filed within one year, or within a reasonable time for a void judgment.]

  3. GOOD CAUSE. Good cause exists under MCR 2.603(D)(1) because [state a substantial procedural defect or irregularity in the entry of the default, or a reasonable excuse for the failure that created the default].

  4. MERITORIOUS DEFENSE. Defendant has a meritorious defense, set out in the attached Affidavit of Facts Showing a Meritorious Defense, verified in the manner prescribed by MCR 1.109(D)(3). Defendant's defense is: [state the defense, for example the debt was paid, the amount is wrong, or Defendant is not the correct party].

  5. [If applicable: This motion is grounded on lack of jurisdiction over Defendant because Defendant was never properly served. Under MCR 2.612(C)(1)(d) the judgment is void, and the good-cause and meritorious-defense requirements of MCR 2.603(D) do not apply.]

WHEREFORE, Defendant respectfully requests that the Court set aside the default and default judgment entered on [DATE OF JUDGMENT], permit Defendant to defend the case on the merits, and grant such other relief as is just.

Respectfully submitted,

[ATTORNEY OR SELF-REPRESENTED PARTY NAME] [Address] [Telephone] Attorney for Defendant / Defendant in Pro Per

Dated: [DATE]

AFFIDAVIT OF FACTS SHOWING A MERITORIOUS DEFENSE

STATE OF MICHIGAN COUNTY OF [COUNTY]

[AFFIANT NAME], being first duly sworn, states that the following facts are true to the affiant's own knowledge: [state the specific facts of the meritorious defense, and the facts showing good cause and when Defendant learned of the judgment].

[AFFIANT NAME]

Subscribed and sworn to before me on [DATE].

Notary Public, [COUNTY] County, Michigan My commission expires: [DATE]

PROOF OF SERVICE

I certify that on [DATE] I served the foregoing motion and affidavit on the parties listed below by [method of service], in accordance with the Michigan Court Rules.

[NAME OF PERSON SERVING]

[Michigan provides SCAO-approved Form MC 99, Motion and Affidavit to Set Aside Default, for this purpose. Check your trial court's local rules for filing and formatting requirements.]

Michigan Requirements for Motion to Set Aside a Default Judgment

If personally served, file within 21 days of the judgment

Under MCR 2.603(D)(2), if you were personally served with the lawsuit, the motion must be filed before the default judgment is entered, or within 21 calendar days after it was entered. Those 21 days run from entry of the default judgment.

Know the longer MCR 2.612(C) relief track

Relief under MCR 2.612(C) for mistake, inadvertence, surprise, or excusable neglect must be sought within one year. Relief for a void judgment may be sought within a reasonable time, with no fixed one-year cap. Confirm which track and timeline fit your facts.

Show good cause for the failure to respond

MCR 2.603(D)(1) requires good cause. This can be a substantial procedural defect or irregularity in how the default was taken, or a reasonable excuse for the failure that created the default. Explain the facts behind the missed response.

File an affidavit of facts showing a meritorious defense

Except for jurisdiction motions, MCR 2.603(D)(1) requires an affidavit of facts showing a meritorious defense, verified under MCR 1.109(D)(3). This is a sworn statement of the actual facts of your defense, not a mere allegation, and it must accompany the motion.

Check whether the judgment is void

If you were never properly served, the judgment may be void. A motion grounded on lack of jurisdiction is exempt from the good-cause and meritorious-defense requirement of MCR 2.603(D), and MCR 2.612(C)(1)(d) lets the court set aside a void judgment within a reasonable time.

Verify the affidavit as required

The meritorious-defense affidavit must be verified in the manner prescribed by MCR 1.109(D)(3). State the facts on personal knowledge and sign under the required verification. Include the case caption exactly as it appears in the court record.

Use the SCAO-approved form where it applies

Michigan provides SCAO-approved Form MC 99, Motion and Affidavit to Set Aside Default, which cites MCR 2.603(D) and MCR 2.612(C). Related forms exist for specific case types, so use the form that matches your court and case.

File in the trial court and complete proof of service

File in the trial court where the case is pending, the circuit court or district court named in the case caption. Serve the motion and affidavit on the plaintiff and file a proof of service. Check your trial court's local rules for the filing method.

Frequently Asked Questions

It is a request asking the Michigan trial court to undo a default judgment, which is the judgment entered against a defendant who did not respond to the lawsuit in time. Setting it aside reopens the case so you can defend it. The main basis is Michigan Court Rule 2.603(D), which, except for jurisdiction motions, requires you to show good cause and file an affidavit of facts showing a meritorious defense.

An entry of default is the court's record that you did not respond on time; a default judgment is the later judgment that actually decides the case against you. Both are addressed by MCR 2.603(D). Once a default judgment is entered and you were personally served, the 21-day window under MCR 2.603(D)(2) applies, and you must show good cause plus a sworn meritorious defense, unless the motion is grounded on lack of jurisdiction.

Under MCR 2.603(D)(2), if you were personally served, the motion must be filed before the default judgment is entered, or within 21 calendar days after it was entered. Longer relief runs through MCR 2.612(C): one year for mistake, inadvertence, surprise, or excusable neglect, and within a reasonable time, with no fixed cap, for a void judgment.

Except when the motion is grounded on lack of jurisdiction over the defendant, MCR 2.603(D)(1) requires both good cause and an affidavit of facts showing a meritorious defense. Good cause can be a substantial procedural defect in how the default was taken, or a reasonable excuse for the failure that caused it. The two showings generally must be made together.

Often yes. If you were never properly served, the court may have lacked jurisdiction and the judgment may be void. A motion grounded on lack of jurisdiction is exempt from the good-cause and meritorious-defense requirement of MCR 2.603(D). Under MCR 2.612(C)(1)(d) the court may set aside a void judgment, and that relief may be sought within a reasonable time, with no fixed one-year cap.

Yes, for most MCR 2.603(D) motions. The rule requires an affidavit of facts showing a meritorious defense, verified in the manner prescribed by MCR 1.109(D)(3). This is a sworn statement of the actual facts of the defense you would raise if the case reopens, not a mere allegation. The affidavit accompanies the motion. It is not required when the motion is grounded on lack of jurisdiction.

You file it in the trial court where the case is pending, the circuit court or district court named in the case caption. Michigan provides SCAO-approved Form MC 99, Motion and Affidavit to Set Aside Default, which cites MCR 2.603(D) and MCR 2.612(C). Related forms exist for specific case types, so check the form that matches your court and case.