![]() The required manner of service of process on individuals is outlined in the Michigan Court Rules at MCR 2.105(A): Process may be served on a resident or nonresident individual by (1) delivering a summons and a copy of the complaint to the defendant personally or (2) sending a summons and a copy of the complaint by registered or certified mail, return receipt requested, and delivery restricted to the addressee. Service-of-process rules are intended to satisfy the due process requirement that a defendant be informed of the pendency of an action by the best means available, by methods reasonably calculated to give a defendant actual notice of the proceeding and an opportunity to be heard and to present objections or defenses. The purpose of service of process rules is to provide actual notice of a lawsuit and an opportunity to defend. Service of process has long been established as one of the cornerstones of the American court system, as it puts on person on notice that a lawsuit has been filed against him or her. Appellate courts have construed the phrase “substantial defect in the proceedings” to mean a variety of occurrences, including improper service of process. Traditionally, good cause has been defined to mean: (1) a substantial irregularity or defect in the proceedings upon which the default is based (2) a reasonable excuse for failure to comply with the requirements that created the default or (3) a showing that manifest injustice would result if the default were allowed to stand. Alken-Ziegler, Inc v Waterbury Headers Corp, 461 Mich 219, 229 600 NW2d 638 (1999).Ī motion to set aside a default or a default judgment is to be granted only if the movant shows good cause and files an affidavit of meritorious defense. "An abuse of discretion occurs when the court's decision falls outside the range of reasonable and principled outcomes." Ypsilanti Charter Tp v Kircher, 281 Mich App 251, 273 761 NW2d 761 (2008). While the law favors the determination of claims on their merits, the policy of this state is generally against setting aside properly entered defaults. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising.SETTING ASIDE DEFAULT – IMPROPER SERVICE - MICHIGANĪ trial court’s decision regarding a motion to set aside a default is reviewed for an abuse of discretion. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. It is not a substitute for professional legal assistance. All information available on our site is available on an "AS-IS" basis. It is possible that the law may not apply to you and may have changed from the time a post was made. The law is also subject to change from time to time and legal statutes and regulations vary between states. ![]() ![]() The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. Legal Disclaimer: The content appearing on our website is for general information purposes only.
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