Form Dc 99B PDF Details

In the complex landscape of landlord-tenant disputes, the state of Michigan offers a beacon of hope for tenants facing eviction through the DC 99B form, a critical part of the judicial process aimed at providing a second chance for those who have found themselves on the default side of a possession judgment. This form, officially titled "Motion to Set Aside Default Possession Judgment" and accompanied by an "Ex Parte Order to Stay Eviction," serves as a lifeline allowing tenants to contest a default judgment entered against them due to their failure to appear in court. With a structured process that includes the completion and filing of the form, depositing one month's rent with the court (under certain conditions), and a clear pathway laid out for serving the motion on the opposing party, tenants are given a concise yet comprehensive method to seek justice. Additionally, the issuance of a hearing notice signals the next critical phase where both parties can present their case. Notably, this form not only underscores the importance of access to justice in the face of eviction but also reflects a broader commitment to due process, emphasizing the necessity for timely action, given that motions must be filed within 10 days of the default judgment. In essence, the DC 99B form embodies a procedural safeguard designed to ensure that those at risk of losing their homes have an equitable opportunity to argue their case, thereby reinforcing the justice system's foundational principles of fairness and equity.

QuestionAnswer
Form NameForm Dc 99B
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namesmotion to stay eviction michigan, sample emergency motion to stay writ of possession, motion stay eviction, emergency motion to stay writ of possession

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Original - Court

2nd copy - Defendant

Approved, SCAO

1st copy - Plaintiff

3rd copy - Proof of mailing

STATE OF MICHIGAN JUDICIAL DISTRICT

MOTION TO SET ASIDE DEFAULT

POSSESSION JUDGMENT

EX PARTE ORDER TO STAY EVICTION

(LANDLORD/TENANT)

CASE NO.

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.

MOTION

1. A default was entered against me on

 

for failure to appear.

Date

2.I ask the court to set aside the default possession judgment (motion must be filed within 10 days of default judgment) because:

3. I ask the court to stay (delay) the eviction proceedings until the court holds a hearing on this motion.

a. One month’s rent is deposited with the court along with this motion. b. Reasons for granting a stay are:

Date

 

 

 

 

 

 

Defendant/Attorney signature

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EX PARTE ORDER ON MOTION TO STAY EVICTION

 

 

 

 

 

THE COURT FINDS:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1. a. One month’s rent has been deposited.

 

 

 

 

 

 

 

 

 

 

 

 

 

b. The grounds for relief to stay eviction are satisfied and the payment of the escrow deposit of $

 

is waived.

IT IS ORDERED:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2. The motion to stay eviction is

granted.

denied.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date

 

 

 

 

 

 

Judge

 

Bar no.

 

 

 

 

 

 

 

 

 

 

To be completed by the court.

 

 

NOTICE OF HEARING ON MOTION TO SET ASIDE DEFAULT

 

 

 

 

A hearing will be held on

 

 

 

 

 

 

 

 

 

at

 

 

 

 

 

Date

 

 

 

 

 

 

 

 

Time

 

 

 

at

 

 

 

 

 

 

before Hon.

 

 

.

 

Location

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bar no.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date

 

 

 

 

 

 

Deputy court clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CERTIFICATE OF MAILING

 

 

 

 

I certify that on this date I served a copy of this motion and notice of hearing on the parties or their attorneys by first-class mail addressed to their last-known addresses as defined by MCR 2.107(C)(3).

Date

 

 

Signature

 

DC 99b

(6/17) MOTION TO SET ASIDE DEFAULT POSSESSION JUDGMENT, LANDLORD/TENANT

MCR 4.201(M)

Instructions for Filing and Serving a Motion to Set Aside Default Possession Judgment (Landlord/Tenant) (Form DC 99b)

Use this form if you want to ask the court to set aside a default possession judgment.

1.How do I file a Motion?

You file a motion by completing the form and filing it with the same court that signed the default entry or default judgment. There is a $20 motion fee for filing a motion to set aside a default judgment.

2.Fill out the Motion form.

Write in the court number, case number, the court address and telephone number, and the names, addresses, and telephone numbers of the plaintiff and the defendant exactly as they are on the default judgment.

Write in the date that the default judgment was entered for your failure to appear in the case. In a few counties, a written answer is required and this answer means the same thing as appearing in the case.

Check box 3 if you want the court to delay eviction proceedings until the hearing. You must deposit one month's rent along with the motion or state the valid reasons you need the stay. See Michigan Court Rule 2.612(C). If you don't deposit one month's rent, the court might not delay the eviction proceedings.

Write in the date you complete the form and sign your name.

3.Make four copies of the completed Motion form.

4.File the Motion with the court.

File all four copies of your motion with the court in person or by first-class mail. If you mail your motion to the court, include a postage-paid and self-addressed envelope with your motion so that the court can return copies.

5.Ex Parte Order.

If you checked box 3 and deposited one month's rent along with the motion, the court will sign the ex parte order to delay the eviction proceedings. If you did not desposit one month's rent along with the motion, the court will either waive the requirement for the deposit or deny the delay.

6.Notice of Hearing.

The court will complete the Notice of Hearing. Do not write in this space.

7.Serve the Motion.

When you get the three remaining copies of the motion from the court, serve a copy on the plaintiff by first-class mail. If the plaintiff has an attorney, serve the motion on the attorney instead of the plaintiff. Complete the Certificate of Mailing on the bottom of your copy of the form. Make a copy of this and file it with the court. You can do this either in person or by first-class mail. Keep a copy for yourself.

8.What happens next?

You must attend the hearing on your motion. For more information you may visit michiganlegalhelp.org.

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1. To start off, when filling in the motion to stay eviction, beging with the page that features the subsequent blanks:

Filling out part 1 in emergency motion to stay eviction

2. When the previous part is done, you're ready to insert the required specifics in I ask the court to stay delay the, a One months rent is deposited, Date, DefendantAttorney signature, EX PARTE ORDER ON MOTION TO STAY, THE COURT FINDS, a One months rent has been, is waived, IT IS ORDERED The motion to stay, granted, denied, Date, Judge Bar no, To be completed by the court, and NOTICE OF HEARING ON MOTION TO SET in order to go to the third part.

Date, is waived, and I ask the court to stay delay the of emergency motion to stay eviction

As to Date and is waived, make sure that you take another look here. Both of these are considered the most important ones in this PDF.

3. This next segment should be fairly easy, I certify that on this date I, Date DC b, Signature, MOTION TO SET ASIDE DEFAULT, and MCR M - all these blanks is required to be filled in here.

The right way to fill in emergency motion to stay eviction step 3

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