What can I do if the other party fails to appear in small claims court?
If the other party fails to appear in small claims court in Michigan, there are a few steps that can be taken. First, the Court Clerk should be contacted to make sure that they have your case information. In some cases, the other party may need to reschedule the court date. If the other party does not appear again, the judge may grant a default judgment in favor of the party who did appear. If a default judgment is granted, the other party must be personally served with a copy of the judgment in order for it to be enforced. The Clerk’s office can provide information on how to do this. Keep in mind that even if a default judgment is granted, the other party can still file a motion for relief within 28 days. If the other party does not respond to a motion, the judge can enter a final judgment. If the other party cannot be found and served, or if they still fail to appear in court, you may need to explore other options to enforce the judgment. These include wage garnishments, liens, and the Michigan Civil Judgment Recovery Program. In any case, it is important to make sure that all legal steps are followed to ensure that the judgment is enforced and that your legal rights are protected.
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