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The Michigan Civil Form, specifically Form MC 03, serves as a crucial document for individuals who have received a complaint in a civil lawsuit. This form outlines the necessary steps for responding to a complaint, including timelines for filing an answer, which differ based on the method of service. For those personally served, a 21-day window is provided to submit a written response, while individuals served by mail or outside the state have 28 days to comply. Failing to respond appropriately can result in a default judgment, where the court may rule in favor of the plaintiff without hearing the defendant's side. The form requires individuals to fill out specific information, including court details and the parties involved, and to respond to each numbered statement in the complaint. Each response must be carefully considered, as affirmative defenses, if not stated at this stage, may be barred from being raised later. Once completed, the answer must be filed with the court and served to the plaintiff, ensuring that all procedural requirements are met. Proper handling of this form is essential for defendants to protect their rights and present their case effectively in court.

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STATE OF MICHIGAN JUDICIAL DISTRICT JUDICIAL CIRCUIT

ANSWER, CIVIL (PAGE 1 OF ___)

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.

 

Defendant,

 

 

(Paragraph numbers in the answer must correspond to paragraphs

 

Attorney for defendant,

in answer to the complaint, states:

in the complaint. Attach additional sheets if necessary.)

1.

I

agree with the statements in paragraph 1.

 

 

 

 

disagree with the statements in paragraph 1 because

 

 

.

 

 

do not know if the statements in paragraph 1 are true.

 

 

2.

I

agree with the statements in paragraph 2.

 

 

 

 

disagree with the statements in paragraph 2 because

 

 

.

 

 

do not know if the statements in paragraph 2 are true.

 

 

3.

I

agree with the statements in paragraph 3.

 

 

 

 

disagree with the statements in paragraph 3 because

 

 

.

 

 

do not know if the statements in paragraph 3 are true.

 

 

continued on page 2.

Date

Defendant/Attorney signature

 

 

 

Name (type or print)

IMPORTANT: If you have affirmative defenses, you must state them now using the last page of this form. If you do not, the court may prohibit you from raising them later. An affirmative defense is a defense claiming that the plaintiff is not entitled to a judgment because other facts exist that create a lawful defense. Affirmative defenses allow you to provide information to the court that is not stated in the plaintiff’s complaint.

CERTIFICATE OF SERVICE

I certify that on this date I served a copy of this answer on the plaintiff(s) or their attorney(s) by

personal service first-class mail addressed to their last-known address(es) as defined in MCR 2.107(C)(3).

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

Date

Approved, SCAO Form MC 03, Rev. 1/21 MCR 2.111

Page 1 of __

Signature

Distribute form to: Court

Plaintiff

Defendant Proof of service

Answer, Civil (1/21)

Page 2 of __

Plaintiff’s name

continued from page 1.

Case No.

Defendant’s name

v

4. I

agree with the statements in paragraph 4.

 

 

 

disagree with the statements in paragraph 4 because

 

 

.

 

do not know if the statements in paragraph 4 are true.

 

 

5. I

agree with the statements in paragraph 5.

 

 

 

disagree with the statements in paragraph 5 because

 

 

.

 

do not know if the statements in paragraph 5 are true.

 

 

6. I

agree with the statements in paragraph 6.

 

 

 

disagree with the statements in paragraph 6 because

 

 

 

 

.

 

do not know if the statements in paragraph 6 are true.

 

 

7. I

agree with the statements in paragraph 7.

 

 

 

disagree with the statements in paragraph 7 because

 

 

.

 

do not know if the statements in paragraph 7 are true.

 

 

8. I

agree with the statements in paragraph 8.

 

 

 

disagree with the statements in paragraph 8 because

 

.

 

 

do not know if the statements in paragraph 8 are true.

 

 

9. I

agree with the statements in paragraph 9.

 

 

 

disagree with the statements in paragraph 9 because

 

.

 

 

do not know if the statements in paragraph 9 are true.

 

 

10. I agree with the statements in paragraph 10.

 

 

 

disagree with the statements in paragraph 10 because

 

 

.

 

do not know if the statements in paragraph 10 are true.

 

 

11. I agree with the statements in paragraph 11.

 

 

 

disagree with the statements in paragraph 11 because

 

 

.

 

do not know if the statements in paragraph 11 are true.

 

 

12. I agree with the statements in paragraph 12.

 

 

 

disagree with the statements in paragraph 12 because

 

 

.

 

do not know if the statements in paragraph 12 are true.

 

 

13. I agree with the statements in paragraph 13.

 

 

 

disagree with the statements in paragraph 13 because

 

 

.

 

do not know if the statements in paragraph 13 are true.

 

 

14. I agree with the statements in paragraph 14.

 

 

 

disagree with the statements in paragraph 14 because

 

 

.

 

do not know if the statements in paragraph 14 are true.

 

 

15. I agree with the statements in paragraph 15.

 

 

 

disagree with the statements in paragraph 15 because

 

 

.

 

do not know if the statements in paragraph 15 are true.

 

 

continued on page 3.

Answer, Civil (1/21)

Page 3 of __

Plaintiff’s name

continued from page 2.

Case No.

Defendant’s name

v

16.

I agree with the statements in paragraph 16.

 

 

 

disagree with the statements in paragraph 16 because

.

 

do not know if the statements in paragraph 16 are true.

 

 

17.

I agree with the statements in paragraph 17.

 

 

 

disagree with the statements in paragraph 17 because

.

 

do not know if the statements in paragraph 17 are true.

 

 

18.

I agree with the statements in paragraph 18.

 

 

 

disagree with the statements in paragraph 18 because

 

.

 

do not know if the statements in paragraph 18 are true.

 

 

19.

I agree with the statements in paragraph 19.

 

 

 

disagree with the statements in paragraph 19 because

.

 

do not know if the statements in paragraph 19 are true.

 

 

20.

I agree with the statements in paragraph 20.

 

 

 

disagree with the statements in paragraph 20 because

.

 

do not know if the statements in paragraph 20 are true.

 

 

21.

I agree with the statements in paragraph 21.

 

 

 

disagree with the statements in paragraph 21 because

.

 

do not know if the statements in paragraph 21 are true.

 

 

22.

I agree with the statements in paragraph 22.

 

 

 

disagree with the statements in paragraph 22 because

.

 

do not know if the statements in paragraph 22 are true.

 

 

23.

I agree with the statements in paragraph 23.

 

 

 

disagree with the statements in paragraph 23 because

.

 

do not know if the statements in paragraph 23 are true.

 

 

24.

I agree with the statements in paragraph 24.

 

 

 

disagree with the statements in paragraph 24 because

.

 

do not know if the statements in paragraph 24 are true.

 

 

25.

I agree with the statements in paragraph 25.

 

 

 

disagree with the statements in paragraph 25 because

.

 

do not know if the statements in paragraph 25 are true.

 

 

26.

I agree with the statements in paragraph 26.

 

 

 

disagree with the statements in paragraph 26 because

.

 

do not know if the statements in paragraph 26 are true.

 

 

27.

I agree with the statements in paragraph 27.

 

 

 

disagree with the statements in paragraph 27 because

.

 

do not know if the statements in paragraph 27 are true.

 

 

continued on additional page(s).

Answer, Civil (1/21) Page __ of __

Plaintiff’s name

Case No.

Defendant’s name

v

AFFIRMATIVE DEFENSES

Defendant,

Attorney for defendant,

states the following affirmative defenses:

CHECK ALL THAT APPLY (for each box checked, attach a statement of facts)

1. I paid this debt in full (satisfied). Attached is proof of payment. 2. This action is barred by the statute of limitations because

the plaintiff failed to sue within six years of

 

, the last activity on the alleged account.

 

MCL 600.5807(8)

Date

 

 

 

 

 

 

 

 

 

 

the alleged contract involves a motor vehicle retail installment sales contract or the sale of other goods, and the

 

plaintiff failed to sue within four years of

 

 

 

, the last activity on the alleged account.

 

MCL 440.2725(1)

Date

 

 

 

 

 

 

 

 

 

 

the plaintiff failed to sue within three years after the alleged contract of sale of a mobile home on

.

MCL 125.2333

 

 

 

 

Date

 

 

 

 

 

 

 

3. I paid an amount that the plaintiff accepted as payment in full (accord and satisfaction). Attached is proof of payment.

The debt was discharged in bankruptcy. The case number was

.

 

 

4. The contract is void or voidable because

 

 

 

 

I was a minor when the alleged contract was made.

 

 

 

 

I was not mentally competent when the alleged contract was made. Probate case number

.

Attached are my letters of conservatorship/guardianship.

 

 

 

 

there was no valid contract (no meeting of the minds) because

 

 

 

 

.

5. The contract was severely unjust or extremely one-sided (unconscionable).

6. I am not liable for the alleged damages because of the plaintiff’s contributory negligence.

7. The alleged contract is unenforceable because it is not in writing (statute of frauds).

8. My vehicle was repossessed and later sold in a commercially unreasonable manner. MCL 440.9607(3).

9. The contract should not be enforced because of the plaintiff’s improper conduct (fraud and/or duress).

10. The goods purchased were defective (failure of consideration).

11. The terms of the contract did not express what the parties intended (mutual mistake).

12. I have not been credited for all payments made on the alleged account. Attached is proof of payment. 13. Other:

Date

Defendant/Attorney Signature

Name (type or print)

Form Specifications

Fact Name Description
Filing Deadline If personally served, the answer must be filed within 21 days. If served by mail or outside Michigan, the deadline extends to 28 days.
Form Requirement To respond, you must complete form MC 03, which includes checking boxes for each statement in the complaint.
Affirmative Defenses Any affirmative defenses must be stated on the last page of the form; failure to do so may prevent you from raising them later.
Service of Answer You must serve a copy of your answer on the plaintiff or their attorney, either personally or by first-class mail.
Governing Law This process is governed by the Michigan Court Rules (MCR 2.111) and the Michigan Compiled Laws (MCL 440.2725(1)).

Michigan Civil: Usage Guidelines

Filling out the Michigan Civil form is an important step if you've received a complaint. It’s essential to respond correctly and on time to avoid any default judgments against you. Below are the steps to complete the form effectively.

  1. Obtain the Answer form MC 03. You can find it online or request a paper copy from the court.
  2. Fill in the court number, case number, court address, and court telephone number at the top of the form.
  3. Provide the names, addresses, and telephone numbers of both the plaintiff and defendant exactly as they appear on your court papers.
  4. For each numbered statement in the complaint, check only one box to indicate whether you agree, disagree, or do not know about the statement. If there are more than five statements, check "continued on page 2" and complete the additional page(s).
  5. If you have any affirmative defenses, list them on the last page of the form. Be sure to include any necessary details, as failing to do so may limit your ability to raise these defenses later.
  6. Write the date you completed the form and sign your name.
  7. Make four copies of the completed answer form.
  8. File the original answer with the court either in person or by first-class mail.
  9. Serve a copy of the answer on the plaintiff. This can be done through personal service or first-class mail. If the plaintiff has an attorney, serve the attorney instead.
  10. After serving the answer, complete the certificate of service at the bottom of the remaining two copies of the form.
  11. File one copy of the answer with the court, either in person or by first-class mail, and keep the last copy for your records.

Once the form is filled out and submitted, it's crucial to prepare for any upcoming hearings. Make sure to bring all relevant documents that support your responses on the answer form.

Your Questions, Answered

1. How do I file an Answer to a complaint in Michigan?

To file an Answer, you need to submit a written response to the court where the complaint was filed. This involves filling out Form MC 03, which can be found online or obtained as a paper copy from the court. After completing the form, you must serve a copy to the plaintiff. There is no fee for filing an Answer. Ensure that you file your Answer by the deadline indicated on your summons—21 days if personally served, or 28 days if served by mail or outside Michigan.

2. What information is required on the Answer form?

When filling out the Answer form, include the court number, case number, and court address. You must also provide the names, addresses, and telephone numbers of both the plaintiff and defendant as they appear on the court documents. For each numbered statement in the complaint, indicate your agreement, disagreement, or uncertainty by checking the appropriate box. If the complaint has more than five numbered statements, continue on additional pages as necessary. Be sure to include any affirmative defenses on the last page of the form, as failing to do so may limit your ability to raise them later.

3. What should I do after completing the Answer form?

After you have completed the Answer form, make four copies of it. You will need to file the original with the court, either in person or by first-class mail. Additionally, serve a copy of the Answer to the plaintiff. If the plaintiff has an attorney, serve the Answer to the attorney instead. After serving the Answer, complete the certificate of service on the remaining copies and file one of those with the court. Keep the last copy for your records.

4. What happens if I do not file an Answer?

If you do not file an Answer by the required deadline, the court may issue a default judgment against you. This means that the judge can decide in favor of the plaintiff without hearing your side of the case. It is crucial to respond to the complaint in a timely manner to protect your rights and interests in the legal process.

Common mistakes

  1. Not filing on time: One common mistake is failing to submit the answer within the required time frame. If you were personally served, you have 21 days. If served by mail or outside Michigan, you have 28 days. Missing this deadline can lead to a default judgment against you.

  2. Incorrectly filling out the form: Many individuals do not fill out the form accurately. It's essential to include the correct court number, case number, and the names and addresses of both parties exactly as they appear in the court documents.

  3. Not checking the appropriate boxes: Each statement in the complaint requires a response. Some people mistakenly check more than one box for a single statement, which can create confusion and may lead to complications in the case.

  4. Ignoring affirmative defenses: If you have any affirmative defenses, it is crucial to state them on the form. Failing to do so could prevent you from raising these defenses later in court.

  5. Forgetting to sign the form: A common oversight is not signing the answer form. Without a signature, the court may not accept the document, which can delay your response to the complaint.

  6. Not making enough copies: After completing the answer, you must make four copies. Some individuals only make one or two, which can lead to issues when filing and serving the documents.

  7. Improperly serving the answer: It’s important to serve the answer on the plaintiff or their attorney. Some people mistakenly serve the wrong party, which can complicate the process and potentially lead to delays.

  8. Neglecting the certificate of service: After serving the answer, you must complete the certificate of service. Failing to do this can create uncertainty about whether the plaintiff received the answer.

Documents used along the form

When dealing with a civil case in Michigan, you may encounter several forms and documents alongside the Michigan Civil form (MC 03). Each of these documents serves a specific purpose in the legal process. Below is a list of common forms you might need to be aware of.

  • Complaint (Form MC 01): This is the initial document filed by the plaintiff to start a lawsuit. It outlines the plaintiff's claims against the defendant.
  • Summons (Form MC 02): This document notifies the defendant that a lawsuit has been filed against them. It includes instructions on how and when to respond.
  • Motion (Form MC 20): A motion is a request made to the court asking for a specific ruling or order. It can be filed by either party at any stage of the case.
  • Affidavit (Form MC 10): An affidavit is a written statement made under oath. It can be used to provide evidence or support for a motion or other court documents.
  • Certificate of Service (Form MC 05): This form confirms that a copy of a document has been delivered to the other party. It is important for proving that all parties have received necessary information.
  • Proof of Claim (Form MC 06): In some cases, a party may need to file a proof of claim to assert their right to a judgment or to recover a debt.
  • Counterclaim (Form MC 04): If the defendant has claims against the plaintiff, they can file a counterclaim. This allows them to seek relief related to the same issue.
  • Request for Jury Trial (Form MC 08): If a party wishes to have a jury decide their case, they must file this request within a specific timeframe.
  • Notice of Hearing (Form MC 09): This document informs all parties of the date and time of a scheduled court hearing. It ensures everyone is aware and can prepare accordingly.

Understanding these documents can help you navigate the civil litigation process more effectively. Always ensure that you have the correct forms and that they are filled out properly to avoid delays in your case.

Similar forms

The Michigan Civil form is similar to several other legal documents used in civil cases. Here are six documents that share similarities:

  • Answer to Complaint (Federal Form): Like the Michigan Civil form, this federal version requires a defendant to respond to allegations made in a complaint. Both forms allow for affirmative defenses and require timely filing to avoid default judgments.
  • Motion to Dismiss: This document can be filed in response to a complaint, similar to the Michigan Civil form. Both documents allow the defendant to challenge the validity of the plaintiff's claims, although the motion to dismiss focuses on legal grounds rather than factual disputes.
  • Counterclaim: A counterclaim allows a defendant to assert their own claims against the plaintiff. This is akin to the Michigan Civil form, which provides a structured way for defendants to present their side of the story and any defenses they may have.
  • Affidavit of Service: This document confirms that the defendant has served their answer to the plaintiff. Similar to the Michigan Civil form's requirement for a certificate of service, both documents ensure that the court is aware of the parties involved in the case.
  • Notice of Appearance: This document is filed to inform the court and other parties that a defendant is participating in the case. Like the Michigan Civil form, it establishes the defendant's presence in the legal proceedings.
  • Request for Jury Trial: This document allows a party to request a jury trial in civil cases. It is similar to the Michigan Civil form in that both require adherence to specific procedures and timelines to ensure that rights are preserved.

Dos and Don'ts

When filling out the Michigan Civil form, there are important guidelines to follow. Below is a list of things you should and shouldn't do.

  • Do read the instructions carefully before starting to fill out the form.
  • Do ensure all information is accurate and matches the court documents.
  • Do check only one box for each statement in the complaint.
  • Do file your answer with the court by the deadline indicated on the summons.
  • Don't leave any required fields blank on the form.
  • Don't forget to make copies of your completed answer before filing.
  • Don't serve the answer to the plaintiff yourself if they have an attorney; serve the attorney instead.
  • Don't omit your affirmative defenses if you have any; they must be stated on the form.

Misconceptions

Misconceptions about the Michigan Civil Form can lead to confusion and missteps in the legal process. Here are nine common misconceptions along with clarifications:

  1. Filing an Answer Requires a Fee - Many believe that filing an answer incurs a fee. In reality, there is no fee for filing an answer to a complaint.
  2. Only Personal Service Counts - Some think that only personal service of the complaint is valid. However, service by mail or service outside the state also counts and has specific timelines for responding.
  3. You Can Ignore the Complaint - It is a misconception that ignoring the complaint will have no consequences. Failing to respond can result in a default judgment against you.
  4. All Responses Must Be Made in Writing - While responses must be written, some believe they can verbally communicate their answer. The court requires a written answer filed with the court.
  5. You Don’t Need to Serve the Answer - Some individuals think that filing the answer with the court is sufficient. You must also serve a copy of the answer to the plaintiff or their attorney.
  6. Affirmative Defenses Can Be Added Later - There is a belief that you can introduce affirmative defenses at any time. This is incorrect; you must state them in your initial answer.
  7. All Forms Are Available Online - Many assume that all necessary forms are accessible online. While some forms are available, others may require a visit to the court for paper copies.
  8. Filing an Answer is Optional - Some people think that responding to a complaint is optional. It is mandatory to file an answer to avoid default judgment.
  9. You Can Modify the Form as You Wish - There is a misconception that you can change the form to fit your needs. The form must be completed as instructed, with specific information provided as required.

Key takeaways

Filling out and using the Michigan Civil form (MC 03) requires careful attention to detail. Here are key takeaways to guide you through the process:

  • Timely Response: If you received a complaint, respond by the date on the summons. You have 21 days if personally served and 28 days if served by mail or out of state.
  • Consequence of Inaction: Failing to answer can result in a default judgment against you, meaning the judge may decide in favor of the plaintiff without your input.
  • Filing the Answer: File your written answer at the same court where the complaint was filed. There is no fee for this filing.
  • Form Completion: Use form MC 03 to fill out your answer. Ensure you include all necessary information, such as court details and parties' names and addresses.
  • Responding to Complaints: For each numbered statement in the complaint, check only one box to indicate your agreement, disagreement, or lack of knowledge.
  • Affirmative Defenses: If you have any affirmative defenses, state them on the last page of the form. Not doing so may prevent you from raising them later.
  • Document Copies: Make four copies of your completed answer form. This ensures you have a copy for yourself and for the court and plaintiff.
  • Service Requirement: Serve a copy of your answer to the plaintiff, either personally or by first-class mail. If the plaintiff has an attorney, serve the attorney instead.
  • Certificate of Service: After serving the plaintiff, complete the certificate of service on the remaining copies of the form. This step is crucial for documentation.
  • Bring Supporting Documents: When attending a hearing, bring all documents that support your answers on the form.

For more detailed information, you can visit the Michigan Court's Self-Help Center online.