Small Claims Court Removal

In Michigan, the law that governs this is the Michigan Court Rules. Specifically, you should look at MCR *.*, which deals with the procedures and requirements for removal of actions from small claims court to the general civil division.
Is there anything else specific you need help with regarding this process?

In Michigan, the service of documents, including ensuring they are exact copies of what was filed with the court, is governed by the Michigan Court Rules. Specifically, you can refer to MCR *.*, which outlines the requirements for serving papers on other parties.
Is there anything else you need help with regarding this process?

If a party was not served with an exact copy of the demand and order for removal from small claims court, they can file a motion to set aside the demand and order. This is because proper service is crucial for fairness and due process in legal proceedings.
Do you need more information on how to file this motion?

Yes, there is a timeframe for filing a motion to set aside the demand and order for removal from small claims court. Generally, you must act promptly, often within a reasonable time. Michigan Court Rule *.* outlines the procedures and timelines for seeking relief from an order or judgment.
Do you need guidance on the specific steps to file this motion?

Sure, here is a template for filing a Motion to Set Aside the Demand and Order for Removal from Small Claims Court in Michigan:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Name of the Court]
[Address of the Court]
[City, State, ZIP Code]
Re: [Case Number]
[Plaintiff's Name] v. [Defendant's Name]
Motion to Set Aside Demand and Order for Removal from Small Claims Court
Honorable Judge [Judge's Name]:
*. Introduction
I, [Your Name], am the [Plaintiff/Defendant] in the above-referenced case. I respectfully move this Court to set aside the Demand and Order for Removal from Small Claims Court filed by [Opposing Party's Name] on [Date of Filing].
*. Facts
- On [Date], [Opposing Party's Name] filed a Demand and Order for Removal from Small Claims Court.
- [Opposing Party's Name] was required to serve an exact copy of the filed document to me, as governed by MCR *.*.
- I was served with a document that was not an exact copy of what was filed with the court.
*. Legal Basis
- According to MCR *.*, all parties must be served with exact copies of the documents filed with the court.
- Failure to comply with this rule warrants setting aside the Demand and Order for Removal to ensure fairness and due process.
*. Request for Relief
I request that the Court:
- Set aside the Demand and Order for Removal from Small Claims Court filed by [Opposing Party's Name].
- Grant any other relief the Court deems just and proper.
*. Verification
I declare under the penalty of perjury that the foregoing is true and correct to the best of my knowledge.
Respectfully submitted,
[Your Signature]
[Your Printed Name]
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Would you like more detailed steps on how to file this motion in court?

If the court accepts the motion to set aside the demand and order for removal, the case would indeed be moved back to small claims court.
Do you need information on what happens next in small claims court?