Form MC 99, Motion and Affidavit to Set Aside Default (Civil) Instructions

Enter the applicant's or attorney's handwritten signature (or typed name if allowed) to attest to the statements in this affidavit.

Enter the attorney's state bar number; if the applicant is not an attorney, leave this field blank or enter 'N/A' as instructed.

Enter the court-assigned case number for this matter exactly as shown on court documents (include any letters, dashes, or suffixes).

Enter the full name or official designation of the judge assigned to the case (e.g., Judge Jane Q. Smith).

Enter the date when the certificate of mailing was completed.

Enter the name/signature of the person who served the mailing and is certifying under penalty of perjury.

Enter the full mailing address of the court handling this case, including street address, city, state, and ZIP code.

Enter the court's primary telephone number where staff or the clerk can be reached regarding this case.

Enter the judicial district where the case is filed (provide the district name or number as it appears on official court documents).

Enter the judicial circuit where the case is filed (provide the circuit name or number as it appears on official court documents).

Check this box when a default has been entered against you on the date you will enter on the line (i.e., you did not respond and the court entered a default).

Enter the date on which the default was entered against you. Fill only if '1a - Default was entered against me' is 'Yes'.

Check this box when the default was entered because you failed to file an answer to the complaint. Fill only if '1a - Default was entered against me' is 'Yes'.

Check this box when the default was entered because you failed to appear (did not appear at a required hearing or court appearance). Fill only if '1a - Default was entered against me' is 'Yes'.

Check this box when a default judgment was entered against you (enter the date on the line) and you are asserting the form's subsection 1b (that 21 days have not yet passed since that default judgment date).

Enter the date when the default judgment was entered against you for the case item described in 1b. Fill only if '1b. Default judgment was entered against me' is 'Yes'.

Check this box when the default judgment referenced in 1b was entered because you failed to answer the complaint. Fill only if '1b. Default judgment was entered against me' is 'Yes'.

Check this box when the default judgment referenced in 1b was entered because you failed to appear. Fill only if '1b. Default judgment was entered against me' is 'Yes'.

Check this box if 21 days have passed since a default judgment was entered against you and you were not personally served with the summons and complaint. Fill only if '1b. Default judgment was entered against me' is 'Yes'.

Enter the defendant’s full name followed by their complete mailing address and a daytime telephone number (include street, city, state, and ZIP).

Enter the defendant attorney’s full name, bar number, complete business address, and a daytime telephone number for the attorney.

Enter the scheduled date and start time of the hearing as set by the court (e.g., 06/15/2025 at 9:30 AM).

Enter the full location where the hearing will be held (for example, courthouse name, room or department, and address or courtroom number).

Enter the full name of the judge who will hear the motion as shown after 'before Hon.' on the form.

Enter the state bar number associated with the attorney (or the judge's bar number if requested) exactly as it should appear on the form.

Check this box if you are claiming the court lacks jurisdiction over you because you were not personally served with the summons and complaint.

Check this box if you are claiming good cause for failing to appear or answer and you will state the reason (and attach a separate sheet if needed) and describe your meritorious defense.

Briefly describe the reason you did not appear or answer in this case, providing the facts or circumstances that explain your failure to appear/answer (attach a separate sheet if needed). Fill only if '2b. I have good cause for my failure to appear/answer' is 'Yes'.

Briefly state your meritorious (valid) defense to the claim, describing the specific facts or legal reasons why the default judgment should be set aside. Fill only if '2b. I have good cause for my failure to appear/answer' is 'Yes'.

Enter the name of the county in Michigan where the notary public's commission is held or where the notarization took place.

Check this box when the notary public is certifying that they are acting in the (named) county on the notarial certificate.

Enter the name of the county in which the notary is acting for this notarization if it is different from the notary's commission county; leave blank if the same county.

Check this box when the notarial act was performed using an electronic notarization system or a remote electronic notarization platform.

Enter the date when the affidavit was subscribed and sworn before the notary public or deputy clerk.

Type the signature or printed name of the deputy clerk or notary public who signed the form.

Provide the expiration date of the notary public's commission.

Enter the notary public's or deputy clerk's name in clear, printed or typed form.

Enter the plaintiff’s full name followed by their complete mailing address and a contact telephone number.

Enter the plaintiff attorney’s full name, state bar number, complete mailing address, and a contact telephone number.