Kalamazoo, MI asked in Collections for Michigan

Q: In Michigan, can you file a motion to set aside a default and a motion for summary disposition at the same time?

Can a defendant file a motion for summary disposition before default has been set aside?

If they are filed at the same time how does that affect the case? Will judge first determine if default can be set aside and then address motion for summary disposition?

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2 Lawyer Answers
Trent Harris
Trent Harris
Answered
  • Collections Lawyer
  • Jackson, MI
  • Licensed in Michigan

A: No.

Thomas. R. Morris and Adam Alexander agree with this answer

Mark Bredow
Mark Bredow
Answered
  • Collections Lawyer
  • Bloomfield Hills, MI
  • Licensed in Michigan

A: I agree with Mr. Harris. After a default is entered, even if a default judgment has not, the defaulted party (you) may not take any other action until the default is set aside.

You can file the motion, but its not authorized. And, if you file a motion for summary disposition at the same time, the court will probably ignore it, but the other party may feel like they cannot ignore it and may, to protect their client, either file a motion to strike your pleading or file a response to your motion. Either way, your action has caused them to take legal action and incur legal fees because you filed a motion that was not yet permitted. They would be justified in asking the court to strike your motion and award them the costs they incurred due to your action.

Don't do it.

Adam Alexander and Thomas. R. Morris agree with this answer

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