These instructions will help you file your Motion and Affidavit to Set Aside Default (Civil).
Step 1: Prepare your forms and find out how you will fileSome of the steps later in these instructions may have slightly different information for you depending on how you will file with the court, and so you may want to learn more about the choices in your area.
Each court decides how it will accept documents for filing. Contact your court to find out which methods are available. Depending on your court, you may be able to file by:
You can find contact information for your court on the Courts & Agencies page of Michigan Legal Help.
MiFILE is only available for some courts. Even in courts where it is available, you can only use it for some case types. The State Court Administrative Office keeps a chart of courts that use e-Filing. To learn more, read What Is E-Filing?.
Step 2: Sign your Motion and have it notarizedYou must sign the Motion in front of a notary public or a court clerk. You may be able to get your documents notarized for a fee at your local bank. You do not have to pay a fee for signing in front of a court clerk.
You will need to show the clerk or notary public photo identification, such as your driver’s license or state identification card, before you sign your motion.
If you are filing a Fee Waiver Request, it must also be signed and notarized.
Step 3: Make copiesIf you’re signing your Motion in front of a notary, make three copies after you sign it.
If you’re signing your Motion in front of a court clerk, make three copies before you sign it. You’ll have to sign each one in front of the clerk.
Make copies of your Fee Waiver Request with your Motion if you are filing one.
Make at least one copy of your order.
If you are filing either by e-mail or using MiFILE, you will not need to make copies for the court.
Step 4: File your Motion and pay the filing feeFile your Motion and the copies with the court clerk’s office in the court where your case was heard. File a copy of the proposed order with your Motion.
Contact your court to find out which filing methods are available. Depending on your court, you may be able to file electronically. To learn more about filing methods that may be available, read Step 1. If you are e-Filing using MiFILE you will need to know the case-type code. The case type code should either be GC or SC. You can check the case number to find out which code to use.
If you file in person, work with the clerk to get a hearing date and fill out the Notice of Hearing section of your motion. If you are not filing in person (such as filing by MiFILE, email, or mail), call the court and ask how they would like that section to be completed. They may give you a hearing date or choice of dates, or they may ask you to leave it blank for the court to assign a date later.
You must pay the filing fee when you file your motion. If you are filing a Fee Waiver Request, wait until it is approved by the court or pay the filing fee.
If you file in person, give the clerk the original and all the copies. The clerk will give you back what the court doesn’t need after signing the documents. If you file by mail, include a self-addressed stamped envelope so the clerk can return your copies to you.
Please note that completing the documents on Michigan Legal Help or LawHelp Interactive does not file anything with the court.
Step 5: Serve your MotionYou must serve (send) a copy of the motion on your creditor. If the creditor has an attorney, serve the attorney instead.
You must serve these documents electronically if you can and if your creditor or your creditor's attorney has access to e-mail. If you or your creditor/creditor’s attorney can't do this electronically, or if you are not sure, you can serve it by regular mail.
If you are using MiFILE to file documents electronically, your documents will be served (sent to the other party) electronically as long as the other party is also using MiFILE. If the other party is not using MiFILE, you will need to serve the documents by e-mail, if possible, or by regular mail if electronic options are not available.
MiFILE is only available for some courts. Even in courts where it is available, you can only use it for some case types. The State Court Administrative Office keeps a chart of courts that use e-filing. To learn more, read What Is E-Filing?.
If you are serving documents by e-mail, keep the following rules in mind:
Service must be completed at least 9 days before the hearing date if you mail it or at least 7 days before the hearing date if it is personally delivered or served through MiFILE. If you are serving through e-mail, the court rule is not clear about the timeline. To be on the safe side, complete service at least 9 days before the hearing date.
After you serve the document, you must complete the Certificate of Mailing on the bottom of one copy of the motion if you will be filing it electronically. If you will be filing in person or by mail, complete the Certificate of Mailing on your remaining copies. If you only have one copy of the motion left because you left an extra copy with the court clerk for the judge, make a copy of the motion with the completed Certificate of Mailing. File one copy of the motion with the court and keep one for your records.
File the Certificate of Mailing the same way you filed your other documents.
If you served the motion electronically, cross out the part of the Certificate of Mailing section that says “first-class mail addressed to their last-known address as defined in MCR 2.107(C)(3)” and write how you served your documents. If it is by e-mail, include the e-mail address you used. For example, you could write “I served this document by e-mail to emailaddress@email.com.”
If you served the other party using MiFILE, you will not need to file a Proof of Service. MiFILE will create and file a Proof of Service for you.