Yes! You can use AI to fill out Form MC 99, Motion and Affidavit to Set Aside Default (Civil)
Form MC 99, the Motion and Affidavit to Set Aside Default (Civil), is a formal request submitted to a Michigan court to reverse a default judgment entered against a party who failed to appear or answer a lawsuit. This motion argues that there was a good reason for the failure to respond and that the defendant has a valid defense to the claim. Today, this form can be filled out quickly and accurately using AI-powered services like Instafill.ai, which can also convert non-fillable PDF versions into interactive fillable forms.
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Form specifications
| Form name: | Form MC 99, Motion and Affidavit to Set Aside Default (Civil) |
| Number of fields: | 40 |
| Number of pages: | 1 |
| Language: | English |
More forms in Civil court forms
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How to Fill Out MC 99 Online for Free in 2026
Are you looking to fill out a MC 99 form online quickly and accurately? Instafill.ai offers the #1 AI-powered PDF filling software of 2026, allowing you to complete your MC 99 form in just 37 seconds or less.
Follow these steps to fill out your MC 99 form online using Instafill.ai:
- 1 Navigate to an AI-powered platform like Instafill.ai and upload or select the Form MC 99.
- 2 Provide the case information, including the court, case number, judge, and contact details for the plaintiff and defendant.
- 3 Indicate when the default or default judgment was entered and the reason for it (failure to appear or answer).
- 4 Clearly state the 'good cause' for your failure to respond to the lawsuit in the space provided.
- 5 Describe your 'meritorious defense,' explaining why you believe you have a valid argument against the plaintiff's claim.
- 6 Review all the information populated by the AI for accuracy, then sign and date the affidavit section.
- 7 Have the form notarized as required, and then file it with the court and serve a copy to the plaintiff.
Our AI-powered system ensures each field is filled out correctly, reducing errors and saving you time.
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Frequently Asked Questions About Form MC 99
This form is used to ask a Michigan court to cancel a default or a default judgment that was entered against you because you failed to respond to a lawsuit or appear in court.
You should fill out this form if you are the defendant in a civil case and a default has been entered against you, which prevents you from presenting your side of the story.
A 'default' is an official notice that you failed to respond to the lawsuit. A 'default judgment' is the final ruling by the judge in the plaintiff's favor that can happen after a default is entered.
You must provide a 'good cause' (a valid reason for not responding, like a medical emergency) and a 'meritorious defense' (a valid legal reason why you believe you are not responsible for the plaintiff's claim).
Yes, you must sign the affidavit section in the presence of a notary public or a deputy court clerk. They will witness your signature and complete the notary section.
The court will schedule a hearing date, which will be written on the 'Notice of Hearing' section. You must attend this hearing to argue your case before the judge.
It is more difficult, but you may still file the motion if you can prove you were not personally served with the original summons and complaint, as stated in option 1c of the form.
File the original, notarized form with the clerk of the court where the case was filed. You must also mail a copy to the plaintiff or their attorney.
This is a legal argument that the court does not have the authority to hear the case, often because you were never properly served with the lawsuit papers (summons and complaint).
Yes, services like Instafill.ai use AI to help you accurately auto-fill form fields with your case and personal information, which saves time and reduces the risk of errors.
You can upload the 'Motion to Set Aside Default' PDF to the Instafill.ai platform. The AI will make the document fillable online, allowing you to type your information directly into the correct fields.
You can use a service like Instafill.ai, which can convert flat, non-fillable PDFs into interactive forms. This allows you to easily complete and print the form without having to write everything by hand.
Compliance MC 99
Validation Checks by Instafill.ai
1
Case Number Presence and Format
This check ensures that the 'CASE NO.' field is not empty and conforms to the court's expected format. The case number is the primary identifier for the legal proceeding, and its absence or incorrect format would make it impossible to file the motion with the correct case file. If this validation fails, the system should prompt the user to enter a valid case number before submission.
2
Mutually Exclusive Default Circumstance Selection
Validates that only one of the checkboxes in Section 1 (1a, 1b, or 1c) is selected. These options represent distinct legal situations (default entered, default judgment within 21 days, or default judgment over 21 days without personal service) and are mutually exclusive. Allowing multiple selections would create an ambiguous and legally invalid motion, so the form should enforce a single choice.
3
Conditional Date Requirement for Default
Ensures that a date is provided if either option 1a or 1b is selected. If '1a. A default was entered...' is checked, the 'on [Date]' field must be filled. Similarly, if '1b. A default judgment was entered...' is checked, its corresponding date field is required. This is critical because the date of the default or judgment determines the applicable legal rules and deadlines.
4
Default Judgment 21-Day Rule Logic
If option '1b' is selected, this check verifies that the provided 'default judgment date' is within 21 days prior to the current date. The form explicitly states this 21-day window is a key condition for this option. Validating this helps prevent users from filing under an incorrect premise, which could lead to immediate rejection by the court.
5
Mandatory Grounds for Setting Aside
This validation confirms that the applicant has selected at least one basis for the motion in Section 2, either '2a. The court lacks jurisdiction...' or '2b. I have good cause...'. A motion without a stated legal basis is incomplete and has no chance of success. The system should prevent submission if neither option is chosen.
6
Good Cause and Meritorious Defense Explanation Requirement
If the applicant selects option '2b', this check ensures that the text fields for 'I did not appear or answer because:' (good cause) and 'My defense is:' (meritorious defense) are not empty. These explanations are the core of the argument for setting aside the default. An empty field would render the motion substantively deficient and would be rejected by the judge.
7
Attorney Bar Number Format Validation
Verifies that any value entered in a 'Bar no.' field follows the specific format for the State of Michigan (typically a 'P' followed by a sequence of numbers). This ensures the attorney is properly identified and is a member in good standing with the state bar. An invalid bar number could call the legitimacy of the representation into question.
8
Affidavit Sworn Date Validity
Checks that the 'Subscribed and sworn to before me on [Date]' field contains a valid date that is not in the future. This date legally establishes when the affidavit was made under oath. A future date is impossible, and an invalid format would nullify the notarization, making the entire affidavit legally ineffective.
9
Active Notary Commission Verification
This validation ensures the 'My commission expires on' date is a valid date and is in the future relative to the 'Subscribed and sworn' date. A notary cannot perform a valid notarial act with an expired commission. This check is crucial for the legal validity of the affidavit, as an improper notarization is a common reason for document rejection.
10
Signature Field Presence
Confirms that the 'Applicant/Attorney signature' and 'Notary public signature' fields are not empty. Signatures are fundamental to the legal weight of the document, signifying the applicant's sworn statement and the notary's verification. A missing signature on either line would render the motion and affidavit invalid and un-fileable.
11
Party Information Completeness
Ensures that the sections for the Plaintiff and Defendant contain at least a name and an address. This information is required for proper identification of the parties involved in the lawsuit and for official communication and service of documents. Incomplete party information can lead to filing delays or rejection.
12
Logical Date Sequence for Mailing
Verifies that the 'Certificate of Mailing' date is on or after the 'Subscribed and sworn' date. A party cannot certify that they have mailed a document before it has been formally signed and notarized. This check maintains the logical and chronological integrity of the events documented on the form.
13
Hearing Date Must Be in the Future
This check, applicable to the court-completed section, ensures that the 'hearing will be held on [Date and time]' is a future date and time. While typically filled by court staff, this validation prevents data entry errors like scheduling a hearing in the past. This ensures proper notice is given to all parties for a future event.
14
Reason for Default Sub-selection
Ensures that if section 1a or 1b is checked, one of the corresponding sub-options ('answer' or 'appear') is also selected. This specifies the exact failure that led to the default (failure to answer the complaint vs. failure to appear in court). This detail is important for the court to understand the context of the default and is a required part of the statement.
Common Mistakes in Completing MC 99
Filers often enter an incorrect 'Case No. and Judge' or list the wrong 'Judicial District/Circuit'. This typically happens when transcribing information from other court documents. An incorrect case number can lead to the motion being rejected by the clerk, causing significant delays and potentially causing the filer to miss crucial deadlines for setting aside the default.
The form distinguishes between a 'default' (Section 1a) and a 'default judgment' (Section 1b). People frequently misunderstand the distinction and check the wrong box. This is a critical legal error, as the standards and time limits for setting them aside differ, which can result in the motion being denied on technical grounds.
In Section 2b, many filers provide vague or legally insufficient reasons for their failure to appear or answer, such as 'I forgot' or 'I was busy.' The court requires a specific, compelling reason (e.g., hospitalization, never received the summons). A weak explanation is one of the most common reasons a judge will deny the motion to set aside the default.
To succeed, the filer must show both 'good cause' for the default AND that they have a 'meritorious (valid) defense' to the original lawsuit. Many people focus only on explaining why they missed the deadline and leave the defense section blank or write something generic like 'I don't owe the money.' The motion will almost certainly be denied without a plausible, factual defense to the plaintiff's claims.
This affidavit must be signed in the presence of a notary public. Common mistakes include signing the document beforehand, forgetting to sign it at all, or failing to have it notarized. An unnotarized or improperly notarized affidavit is invalid and will be rejected by the court, forcing the filer to start the process over.
After filling out the motion, the filer must mail a copy to the plaintiff or their attorney and complete the 'Certificate of Mailing' on page 2. People often forget to mail the copy or fail to sign and date the certificate. Improper service denies the opposing party notice and can lead to the motion being dismissed.
The 'Notice of Hearing on Motion' section on page 2 is explicitly marked 'To be completed by the court.' Filers sometimes attempt to fill this in themselves, guessing at a date or location. This creates confusion and can cause processing delays, as the court staff will have to correct the form.
Mistakes in the names, addresses, and telephone numbers of the plaintiff, defendant, or their attorneys are frequent. A particularly common error is omitting or mistyping the attorney's 'bar no.' Incorrect contact information can lead to failed communication, missed notices, and procedural delays.
The space provided for explaining 'good cause' and 'meritorious defense' is very small. Many filers try to cram a long, illegible explanation into this space instead of following the instruction to 'Attach a separate sheet if needed.' This makes it difficult for the judge to understand the argument and reflects poorly on the filer's preparedness.
The form contains several checkboxes that are mutually exclusive. For instance, a filer might check both box 1a ('A judgment has not been entered yet') and box 1b ('A default judgment was entered against me'). This internal contradiction makes the motion nonsensical and will likely lead to its rejection or immediate denial for being unclear. AI-powered form-filling tools like Instafill.ai can help prevent such logical errors by validating selections.
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