Michigan > Statewide > Landlord Tenant And Land Contract
Answer To Complaint To Recover Possession Of Property DC 111c - Michigan
| Answer To Complaint To Recover Possession Of Property Form. This is a Michigan form and can be used in Landlord Tenant And Land Contract Statewide . |
|
||||||
 Get this form for FREE as a print-only pdf |
|||||||
|
Form DC 111c ANSWER TO COMPLAINT TO RECOVER POSSESSION OF PROPERTY Use this form if: · you get a copy of DC 102c, Complaint to Recover Possession of Property and you want to file with the court a written answer to the statements made in the complaint. American LegalNet, Inc. www.FormsWorkFlow.com ANSWER CHECKLIST Use the following checklist to make sure you have done all the steps that are needed. DID YOU . . . 1. 2. 3. 4. 5. 6. Fill out all requested information on the form? Attach a copy of any supporting documents? Make all necessary copies of the form and supporting documents? File the answer and supporting documents with the clerk of the court? Have the answer and supporting documents served on the landlord? Keep one copy of the answer and supporting documents for yourself? YES YES YES YES YES YES By using this form packet you are representing yourself in a court action for eviction. In order to receive the action you seek, you must follow the instructions in this packet. If you fail to do even one of the required steps, the court may not give you the result you want. If you have questions about any step in the process, refer to pages 3 through 5 of this booklet for details and review the information in the Self-Help Center at http://courts.michigan/gov./scao/selfhelp/landlord/evicttt_help.htm. PAGE 2 American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS FOR USING FORM DC 111c FILING AND SERVING AN ANSWER TO A COMPLAINT »» DECIDING TO FILE AN ANSWER If you received a complaint to recover possession of property (form DC 102c), you are required to appear and answer the complaint by the date on the summons. If you do not appear and answer as required, the court may enter a default judgment against you. This means the judge may grant a judgment for the plaintiff (landlord) without hearing from you. You can appear and answer by either: 1) filing a written answer or motion and serving the plaintiff (landlord) with that answer or motion; or 2) orally answering each allegation in the complaint at the hearing. Pursuant to local court rule, the following courts require a written response to be filed with the court before the hearing/trial will be scheduled: 1st District Court (Monroe County), 2A District Court (Lenawee County), 12th District Court (Jackson County), 18th District Court (City of Westland), 27th District Court (City of Riverview), 55th District Court (Ingham County), 81st District Court (Alcona, Arenac, Iosco, and Oscoda Counties), 82nd District Court (Ogemaw County), and 95B District Court (Dickinson and Iron Counties). If you decide to file a written answer, you can use the instructions in this packet to complete and file your answer. »» FILING AN ANSWER 1. Do you need an attorney? You must file your answer with the same district court where the complaint was filed. You can either hire an attorney or you can represent yourself. If you can follow all the steps outlined in this packet, you may not need an attorney. However, if after reading this packet you think you need assistance, you should call an attorney. 2. What does it cost? There is no fee for filing an answer. However, if the judge rules in favor of the landlord (plaintiff), any of the fees paid by the plaintiff may be added to the judgment amount against you. This can be anywhere from $75.00 to several hundred dollars. Also, if you demand a jury trial, you must pay a jury demand fee of $50.00. 3. Fill out the Answer form. Fill out form DC 111c (Answer to Complaint to Recover Possession of Property) on the website or get a paper copy of the form from the court to fill out. Follow the instructions on page 6. After completing form DC 111c, print four copies. 4. File the Answer form with the court. You can file your answer form with the court in person or by first-class mail. PAGE 3 American LegalNet, Inc. www.FormsWorkFlow.com 5. Serving the Answer form. After you file your answer form with the court, you must serve a copy on the plaintiff by first-class mail. If the plaintiff has an attorney, make sure you serve the answer form on the attorney instead of the plaintiff. It is important to serve the answer before the date of the hearing. After you mail the answer form to the plaintiff, complete the certificate of mailing on the bottom of the two remaining answer forms. File one copy with the court. You can do this either in person or by first-class mail. Keep the remaining copy of the answer form for yourself. You will need it at the hearing. 6. Prepare for the hearing/trial. To prepare for the hearing, gather the evidence you need to prove your case. This might include a receipt, guarantee, lease, contract, government inspection report, or accident report. If a damaged article is too big to bring with you, photographs can be presented as evidence. It is unlikely that a letter or affidavit from a witness will be accepted as evidence by the court without the witness being physically present at the hearing/trial. Therefore, it is strongly recommended that witnesses appear with you at the hearing/trial. If a witness is unwilling to appear, you can ask the clerk of the court to issue an order to appear (subpoena), requiring the witness to appear at the hearing/trial. The order to appear must be served on the witness (along with any witness fee) no later than two days before the hearing/trial. You can pay the clerk of the court to make arrangements for service of this order. »» INFORMATION ABOUT ATTENDING THE HEARING Bring with you to the hearing your copy of the summons and complaint packet and, if you prepared one, your written answer. Also, bring with you all the evidence you gathered and any witnesses who are willing to testify. The hearing will usually take place at the location stated in the summons/notice to appear. It is important for you to arrive at the court on time. If you are not in court when your case is called, the court may enter a default judgment against you. 1. If you are representing yourself, you are expected to conduct yourself in a professional manner and to follow the same general rules as an attorney. 2. Make a list of information you think is important for the judge to know. You can use this list as a reminder to bring up the points you think are important. 3. If you need someone to attend this hearing who is unwilling to attend, follow the procedure in Michigan Court Rule 2.506 to get an order to appear (subpoena) or consult with an attorney. 4. Go to the court on the scheduled day
|
|||||||
