Motion To Set Aside Default Possession Judgment {DC 99b}

DC 99b - MOTION TO SET ASIDE THE DEFAULT POSSESSION JUDGMENT, LANDLORD-TENANT. This form is used in Michigan landlord-tenant cases when a defendant (tenant) seeks to have a court's default possession judgment overturned. A default judgment is typically entered when a defendant fails to appear in court, resulting in a ruling in favor of the plaintiff (landlord). This form allows the defendant to formally request that the court set aside the default judgment, providing reasons for their absence and the justification for vacating the judgment. The motion must be filed within 10 days of the default judgment. The defendant can request a stay (delay) of eviction proceedings until the court hears the motion. If the defendant wants to stay the eviction, they are required to deposit one month’s rent with the court or provide valid reasons for not doing so. The form also includes sections for the court to issue an ex parte order on the motion, which allows the court to make a decision without the presence of the other party (in this case, the landlord) if certain conditions are met, such as the deposit of rent. Lastly, the form outlines the process for filing and serving the motion, including details about the hearing and requirements for notifying the other party involved in the case. MCR 4.201(N). www.FormsWorkflow.com