Default Judgment And Eviction
Summary
If you miss a court date for nonpayment of rent, a default judgment may be entered against you. In Michigan, landlords must wait 10 days after a default judgment to file a writ of restitution for eviction. If you cannot attend a hearing, file a motion for continuance with supporting documentation. If denied, consider sending a representative or attorney. Keep checking the courts online docket for updates and explore legal resources like the Wayne County Bar Association Lawyer Referral Service for assistance.Full Conversation
I just filed motion for continuance today
The court will review your motion for continuance. They may either grant a new hearing date or deny the motion, possibly leading to a default judgment if not attended.
One question: Have you checked the court's online docket or contacted the court clerk for any updates on your motion?
One question: Have you checked the court's online docket or contacted the court clerk for any updates on your motion?
last update for today was the motion was paid
The court will review your motion for continuance shortly. Keep an eye on the court's online docket or contact the court clerk for updates. If you haven't received any communication yet, it might be a good idea to follow up soon.
Have you considered seeking legal aid to ensure your rights are fully protected during this process?
Have you considered seeking legal aid to ensure your rights are fully protected during this process?
legal aid cant help me
It sounds like you're managing a complex situation. Since legal aid isn't an option, you could consider consulting with a private attorney who specializes in landlord-tenant law.
~Wayne County Bar Association Lawyer Referral Service
Phone: (*) *-*
Website: https://www.waynecounty.com
Have you explored any other legal resources or community organizations that might offer assistance?
Phone: (*) *-*
Website: https://www.waynecounty.com
Have you explored any other legal resources or community organizations that might offer assistance?
if the motion for a contiuation is denied what happens at the hearing since we cant attend
If the motion for continuance is denied and you cannot attend the hearing, the court may proceed without you. This could potentially result in a default judgment against you.
Consider checking the court's online docket frequently for updates and, if possible, send a representative or attorney in your place.
Have you tried reaching out to any tenant advocacy groups for assistance?
Consider checking the court's online docket frequently for updates and, if possible, send a representative or attorney in your place.
Have you tried reaching out to any tenant advocacy groups for assistance?
there is no help due to lack of funding
If your motion for continuance is denied and you cannot attend the hearing, the court may issue a default judgment against you. Here are your options:
- Frequently check the court's online docket for updates.
- Consider sending a representative or attorney in your place.
Have you looked into any local community or church groups for support?
- Frequently check the court's online docket for updates.
- Consider sending a representative or attorney in your place.
Have you looked into any local community or church groups for support?
default judgement was previously entered before motion to stay was granted so another default judgement could be entered again
Given your situation, here are some general steps to consider:
- Court Review: The court will review your motion for continuance. If granted, a new hearing date will be set.
- Default Judgment: If the motion is denied and you cannot attend, the court may reinstate the default judgment.
- Representation: Consider sending a representative or an attorney in your place if attending is impossible.
- Legal Resources: Explore other legal resources like the Wayne County Bar Association Lawyer Referral Service:
Have you thought about reaching out to any local community or church groups for additional support?
- Court Review: The court will review your motion for continuance. If granted, a new hearing date will be set.
- Default Judgment: If the motion is denied and you cannot attend, the court may reinstate the default judgment.
- Representation: Consider sending a representative or an attorney in your place if attending is impossible.
- Legal Resources: Explore other legal resources like the Wayne County Bar Association Lawyer Referral Service:
~Wayne County Bar Association Lawyer Referral Service
Phone: (*) *-*
Website: https://www.waynecounty.com
Phone: (*) *-*
Website: https://www.waynecounty.com
Have you thought about reaching out to any local community or church groups for additional support?
if the default judgement is reinstated how long after that can landlord apply for writ
If the default judgment is reinstated, the landlord can apply for a writ of eviction (writ of restitution) immediately. This writ allows the landlord to proceed with eviction.
Have you considered reaching out to the court for any immediate guidance or updates on your motion for continuance?
Have you considered reaching out to the court for any immediate guidance or updates on your motion for continuance?
in michigan a landlord must wait 10 days to file a writ after default judgement
Thanks for the clarification. Yes, in Michigan, a landlord typically must wait 10 days after a default judgment to file a writ of restitution for eviction. This period allows tenants time to appeal or take corrective action.
One question: Have you confirmed the status of your motion for continuance with the court?
One question: Have you confirmed the status of your motion for continuance with the court?
I filed it with the court today */*/* and it shows that it was paid on */*/* doesnt show any other information
Here's what you can expect next:
- Motion Review: The court will review your motion for continuance.
- Notification: You should receive a notification of the court's decision.
- Default Judgment: If the motion is denied, the landlord may apply for a writ of restitution after 10 days.
Have you considered calling the court clerk for an immediate update on your motion?
- Motion Review: The court will review your motion for continuance.
- Notification: You should receive a notification of the court's decision.
- Default Judgment: If the motion is denied, the landlord may apply for a writ of restitution after 10 days.
Have you considered calling the court clerk for an immediate update on your motion?