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Yes! You can use AI to fill out Form MC 99, Motion and Affidavit to Set Aside Default (Civil)

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Form MC 99, Motion and Affidavit to Set Aside Default (Civil), page 1
Basic · 44/100Form Complexity Index

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What this form asks for

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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.
Fillable fields40
Pages2
Sections16
Questions that depend on earlier answers9
Form Complexity IndexBasic, 44/100

The AI checks your answers before you download

14 checks built for this form, so a wrong date or a missing answer is caught before anyone else sees it.

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.

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.

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.

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.

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.

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.

And 8 more checks
  • Attorney Bar Number Format Validation
  • Affidavit Sworn Date Validity
  • Active Notary Commission Verification
  • Signature Field Presence
  • Party Information Completeness
  • Logical Date Sequence for Mailing
  • Hearing Date Must Be in the Future
  • Reason for Default Sub-selection

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How to Fill Out MC 99 Online for Free in 2026

What the AI walks you through.

  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.

Common Mistakes in Completing MC 99

The ones the AI is built to catch.

Incorrectly Identifying the Case
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.
Confusing a Default with a Default Judgment
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.
Providing an Insufficient 'Good Cause' Explanation
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.
Forgetting to State a 'Meritorious Defense'
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.
Improper or Missing Notarization
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.
Failing to Properly Serve the Motion
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.
Trying to Fill in Court-Use-Only Sections
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.
Incomplete Party or Attorney Information
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.
Not Attaching a Separate Sheet for Detailed Explanations
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.
Selecting Contradictory Options
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.

Frequently Asked Questions About MC 99

 

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This plan is for your MC 99: your own AI agent fills it as often as 5 times a month. To fill other forms and upload your own, choose a Professional plan from your account.
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How does the AI fill out MC 99?
You answer a few questions in plain words, or upload a document you already have. The AI reads what you give it and puts each answer into the right field of MC 99, on every page, in seconds. It checks the answers against the form's own rules, and you review and change anything before you download, print or sign.
What happens to my information?
It is encrypted in transit and at rest, and it is never used to train AI.
How complex is MC 99 to fill out?
MC 99 has a Form Complexity Index of 44 out of 100, in the basic tier: 40 fillable fields across 2 pages. Instafill.ai's AI fills it in under a minute, with every field there for you to review before you download.
What is the purpose of the 'Motion and Affidavit to Set Aside Default' form?
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.
Who should fill out this form?
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.
What is the difference between a 'default' and a 'default judgment'?
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.
What do I need to explain in Section 2 of the form?
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).
Do I need to get this form notarized?
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.
What happens after I file this motion with the court?
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.
What if more than 21 days have passed since the default judgment was entered?
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.
Where do I file the completed 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.
What does it mean if the 'court lacks jurisdiction'?
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).
Can AI help me fill out this form?
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.
How can I use Instafill.ai to complete this form online?
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.
The PDF of this form I have is not fillable. What should I do?
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.
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