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The Michigan MC 07 form plays a crucial role in the legal process for plaintiffs seeking a default judgment against a defendant who has failed to respond to a lawsuit. This form serves multiple purposes, including the application for default, the entry of default by the court, and an affidavit that provides essential information regarding the case. To initiate this process, the applicant must provide detailed information about both the plaintiff and defendant, including names, addresses, and contact details. The form requires the applicant or their attorney to affirm that the defendant has not responded to the complaint, and it outlines the claim's specifics, including the amount due, costs, and whether the defendant is in military service or considered an infant or incompetent person. By completing and filing the MC 07 form, the applicant requests the court clerk to officially enter the default, paving the way for a potential judgment without the defendant's participation. Understanding the components and requirements of this form is essential for anyone navigating the legal landscape in Michigan.

Form Example

STATE OF MICHIGAN JUDICIAL DISTRICT JUDICIAL CIRCUIT

DEFAULT

REQUEST AND ENTRY

CASE NO. and JUDGE

Court address

Court telephone no.

Plaintiff’s name, address, and telephone no.

Defendant’s name, address, and telephone no.

v

Plaintiff’s attorney, bar no., address, and telephone no.

Defendant’s attorney, bar no., address, and telephone no.

Party in default:

REQUEST

1.I request the clerk to enter the default of the party named above for failure to plead or otherwise defend as provided by law.

2.The defaulted party is not an infant or incompetent person.

3. It is unknown whether the defaulted party is in the military service. The defaulted party is not in the military service.

The defaulted party is in the military but there has been notice of pendency of the action and adequate time and opportunity to appear and defend has been provided. Attached, as appropriate, is a waiver of rights and protections provided under the Servicemembers Civil Relief Act. Facts upon which this conclusion is based are: (specify)

4.This request is made on my personal knowledge and, if sworn as a witness, I can testify competently to the facts in this request.

I declare under the penalties of perjury that this request has been examined by me and that its contents are true to the best of my information, knowledge, and belief.

 

 

 

 

 

Applicant/Attorney signature

 

Subscribed and sworn to before me on

 

.

 

 

 

Date

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Deputy clerk/Notary public signature

 

My commission expires on

 

.

 

 

 

 

 

 

 

 

 

 

 

Name (type or print)

 

Notary public, State of Michigan, County of

 

 

 

. Acting in the County of

 

.

This notarial act was performed using an electronic notarization system or a remote electronic notarization platform.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved, SCAO

 

Distribute form to:

 

Form MC 07, Rev. 6/22

 

Court

 

MCL 32.517, MCL 600.2441, MCL 600.5759, 50 USC 3931, MCR 2.603

Applicant

 

Page 1 of 2

 

All other parties

 

Default Request and Entry (6/22)

Page 2 of 2

NOTE: Default can be entered by a district court clerk without the request of a party.

Case No.

DEFAULT ENTRY

The default of the party named above for failure to plead or otherwise defend is entered.

Use note: The party who sought the entry of the default is responsible for serving all parties in accordance with MCR 2.603(A)(2).

Court clerk signature and date

CERTIFICATE OF MAILING

I served a copy of this default request and entry on the parties or their attorneys by first-class mail addressed to their last- known addresses as defined by MCR 2.107(C)(3). I declare under the penalties of perjury that this certificate of mailing has been examined by me and that its contents are true to the best of my information, knowledge, and belief.

Date

Signature

Document Specs

Fact Name Details
Form Title Michigan MC 07 - Default Application, Entry, Affidavit
Governing Laws Michigan Court Rule 2.603, Michigan Compiled Laws 32.17, and 50 U.S.C. § 520
Purpose This form is used to request the court to enter a default against a party who has failed to respond to a legal complaint.
Required Signatures The applicant or attorney must sign the application, and the affidavit must be completed before filing.
Affidavit Requirements The affidavit must confirm that the claim is for a sum certain and that the defaulted party is not an infant or incompetent.
Military Service Verification The applicant must indicate whether the defaulted party is in military service, ensuring compliance with federal protections.
Cost Breakdown The form requires a detailed breakdown of damages, interest, costs, and other amounts claimed.
Filing Process After completion, the form must be filed with the court clerk, along with any necessary attachments, such as a bill of costs.
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