How to Set Aside a Default Judgment in Michigan Small Claims Court
The Court Can Undo a Default — But You Have to Ask
A default judgment in Michigan small claims court means the judge ruled against you because you didn't appear at the hearing. The ruling is real, enforceable, and accruing interest from the original filing date. But it isn't necessarily permanent.
Under MCR 2.603(D), you can ask the court to set aside the default by filing SCAO Form MC 99 — titled "Motion and Affidavit to Set Aside Default." If the court grants it, the judgment is vacated and the case gets a new hearing where you actually get to present your side.
The Two Things You Must Prove
Except when the motion is grounded on lack of personal jurisdiction, MCR 2.603(D)(1) requires good cause for the default and a meritorious defense. A motion based on lack of service may instead seek relief from a void judgment under MCR 2.612(C)(1)(d).
Good cause for missing the hearing. This means a real, reasonable explanation — not "I forgot" or "I didn't think it was important." Courts have accepted sudden hospitalizations, documented emergencies, and court errors. A work conflict without a documented attempt to request an adjournment rarely qualifies.
A meritorious defense on the substance. You must show, through a sworn affidavit, that you have a legitimate argument against the plaintiff's claim. This doesn't mean you have to prove you'd win — just that you have specific facts worth hearing. "I dispute the amount" without details isn't enough. "The contractor's invoice includes $1,200 for work that was never completed, and I have dated photographs showing the unfinished project" is.
The affidavit must be sworn under MCR 1.109(D)(3). A casual letter to the court won't satisfy the requirement.
Watch the 21-Day Window
If you were personally served with the summons and complaint, you generally have 21 days from the date the default judgment was entered to file your MC 99 motion. Michigan Court Rules use MCR 1.108 for time computation: the day of the judgment doesn't count, but the last day does (unless it falls on a weekend or court holiday, which pushes it to the next business day).
There's an important exception. If service was never actually completed — the papers were sent to the wrong address, the postal receipt was forged, or someone else signed for the certified mail — the judgment may be void under MCR 2.612(C)(1)(d). In that case, the 21-day deadline doesn't apply in the same way, and you can file within a "reasonable time." But you'll need evidence that service was defective.
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Filing the Motion
Form MC 99 is available for free from the SCAO website or your local district court clerk's office. The form itself asks for basic case information, the date of the default judgment, and your sworn statement covering both good cause and your defense.
There's a $20 filing fee. If you can't afford it, Form MC 20 (Fee Waiver Request) lets you apply for a fee waiver — eligibility depends on receiving public assistance or having household income below 125% of the federal poverty guidelines.
File the motion with the same district court clerk where the original case was heard. The court will schedule a hearing on your motion, where you'll need to appear and present your arguments.
Filing Doesn't Stop Enforcement
This catches many defendants off guard. Submitting Form MC 99 does not automatically pause wage garnishment or bank account freezes. The plaintiff can continue collection activity while your motion is pending.
If enforcement is already underway or imminent, you need to separately file a motion requesting a stay of enforcement and get the judge to sign an order halting garnishments until the set-aside motion is heard. Without that order, the garnishment machinery keeps running.
What Happens If the Motion Is Granted
The default judgment is vacated and the case gets a new hearing date. You're essentially back to where you were before the missed hearing — except now you need to actually show up. Treat the new hearing like a fresh start: prepare your evidence, bring three copies of every document (one for the judge, one for the plaintiff, one for yourself), and arrive early.
If the motion is denied, the original default judgment stands. The 21-day waiting period in MCR 4.305(C) applies to garnishment, not every enforcement method.
The Michigan Small Claims Response Guide covers the complete set-aside process, including a template for organizing your good-cause affidavit and a checklist for the evidence you'll need at the rescheduled hearing.
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