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.