CLAIMING A DEFAULT JUDGMENT

Today we are going to cover the procedures involved in claiming a DEFAULT JUDGMENT. First of all what do we mean by a DEFAULT JUDGMENT? This is a remedy for when you have filed your Affidavits, Pleadings, and Briefs and the other side, or opposing side just totally ignores your Pleadings, Affidavits, and Briefs and basically had a RIGHT to ANSWER OR PLEAD in return to your Pleadings, Affidavits, or Briefs, but chose of their own free choice to NOT TIMELY RESPOND OR ANSWER.

Before we go further we need to understand a technical legal term called “ LACHES”

OR LACHES INCURRS.

LACHES defined is a specie of ACTION, where a party of reasonable intelligence and integrity, who having a “RIGHT” to take a prescribed action under the LAW, and fails to timely proceed and take that “ RIGHT” or “ACTION” in the time that is prescribed by LAW, or the COURT RULES, and having failed of their own free will choice to timely take that prescribed “RIGHT” OR “ACTION”, now gives up the “RIGHT TO TAKE THE ACTION UNDER THE LAW VOLUNTARILY”, AND A DEFAULT JUDGMENT IS REQUESTED OF THE COURT TO BE ENTERED AS YOU ARE CLAIMING THE OPPOSING PARTY IS NOW DESCRIBED OR CLAIMED TO BE IN “DEFAULT”!

Once a PARTY has been officially held IN DEFAULT they must then show real sincere just good cause why their Claims or Complaints should NOT BE DISMISSED WITH PREJUDICE FOR CAUSE, AS THE OPPOSING PARTY IS IN DEFAULT FOR NOT TIMELY ANSWERING OR PLEADING THEIR CASE OR COMPLAINT. The Opposing party has (14) DAYS TO DEMONSTRATE THIS GOOD CAUSE, ONCE SO NOTICED, WHY THEY SHOULD NOT BE DEFAULTED.

Now it is important to note here that once the opposing party has been defaulted THEY MAY NOT PROCEED with their original CASE CLAIM OR COMPLAINT until the DEFAULT has been ADJUDICATED IN COURT AND OR SET ASIDE FOR GOOD AND JUST CAUSE SHOWN WITH A GOOD REASON WHY THE PARTY DID NOT TIMELY ANSWER OR PLEAD THEIR CASE COMPLAINT.

It is also important to NOTE that when a Party fails to ANSWER or PLEAD their CASE COMPLAINT that party also ADMITS IN FACT, that your pleading, which went unanswered or plead to, IS TRUE IN FACT, and that FACT is plainly established ON THE RECORD IN EVIDENCE. So it is very important to always ANSWER AND PLEAD IN MOST EVERY SITUATION. There are very few exceptions and we will cover those later.

It is further important to NOTE that the STATE OR PUBLIC ATTORNEYS or PROSECUTORS almost always FAIL TO ANSWER OR PLEAD TIMELY. YOU ARE LUCKY IF THEY EVEN TALK TO YOU PEASANT! I know this is NOT right for these public Attorneys or Prosecutors actually work for YOU THE SOVEREIGN CITIZEN and you pay their salaries etc… but take this fact and turn it into an advantage in your favor and declare DEFAULT FOR NOT TIMELY ANSWERING OR PLEADING AND LACHES INCURRS, GOT ME? YOU WON BY DEFAULT!!

NOW LET US PULL UP THE ACTUAL MICHIGAN COURT RULES, AS FOLLOWS:

MCR 2.603

WEST'S MICHIGAN COURT RULES

CHAPTER 2. CIVIL PROCEDURE

SUBCHAPTER 2.600 JUDGMENTS AND ORDERS; POSTJUDGMENT

PROCEEDINGS

Current with amendments received through 2-15-96

RULE 2.603 DEFAULT AND DEFAULT JUDGMENT

(A) Entry; Notice; Effect.

THIS> (1) If a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, and that fact is made to appear by affidavit or otherwise, the clerk must enter the default of that party.

THIS> (2) Notice of the entry must be sent to all parties who have appeared and to the defaulted party. If the defaulted party has not appeared, the notice to the defaulted party may be served by personal service, by ordinary first-class mail at his or her last known address or the place of service, or as otherwise directed by the court.

(a) In the district court, the court clerk shall send the notice.

THIS> (b) In all other courts, the notice must be sent by the party who sought entry of the default. Proof of service and a copy of the notice must be filed with the court.

THIS> (3) Once the default of a party has been entered, that party may not proceed with the action until the default has been set aside by the court in accordance with subrule (D) or MCR 2.612.

(B) Default Judgment.

(1) Notice of Request for Judgment.

THIS> (a) A party seeking a default judgment must give notice of the request for judgment to the defaulted party

(i) if the party against whom the judgment is sought has appeared in the action;

(ii) if the request for entry of judgment seeks relief different in kind from, or greater in amount than, that stated in the pleadings; or

(iii) if the pleadings do not state a specific amount demanded.

THIS> (b) The notice required by this subrule must be served at least 7 days before entry of the requested judgment.

THIS> (c) If the defaulted party has appeared, the notice may be given in the manner provided by MCR 2.107. If the defaulted party has not appeared, the notice may be served by personal service, by ordinary first-class mail at the defaulted party's last known address or the place of service, or as otherwise directed by the court.

THIS> (d) If the default is entered for failure to appear for a scheduled trial, notice under this subrule is not required.

THIS> (2) Default Judgment Entered by Clerk. On request of the plaintiff supported by an affidavit as to the amount due, the clerk may sign and enter judgment for that amount and costs against the defendant, if

THIS> (a) the plaintiff's claim against a defendant is for a sum certain or for a sum that can by computation be made certain, EXAMPLE…$5,000.00 LAND USE FEES UNDER CONTRACT!

THIS> (b) the default was entered because the defendant failed to appear, and

HOW ABOUT IF THE TRUSTEE OF THE BANKRUPTCY DID NOT SHOW UP FOR THE HEARING OR TRIAL? BINGO!!

(c) The defaulted defendant is not an infant or incompetent person.

The clerk may not enter or record a judgment based on a note or other written evidence of indebtedness until the note or writing is filed with the clerk for cancellation, except by special order of the court.

THIS> (3) Default Judgment Entered by Court. In all other cases the party entitled to a judgment by default must apply to the court for the judgment.

(a) A judgment by default may not be entered against a minor or an incompetent person unless the person is represented in the action by a conservator, guardian ad litem, or other representative. NOTE A BANKRUPT PERSON OR CORPORATION IS AN INCOMPETENT OR CIVILLY DEAD PERSON AND MUST HAVE A TRUSTEE OR GUARDIAN TO ANSWER OR PLEAD THEIR CASE.

ALL THIS> (b) If, in order for the court to enter judgment or to carry it into effect, it is necessary to

(i) Take an account,

(ii) Determine the amount of damages,

(iii) Establish the truth of an allegation by evidence, or

(iv) Investigate any other matter,

the court may conduct hearings or order references it deems necessary and proper, and shall accord a right of trial by jury to the parties to the extent required by the constitution.

NOTE> (4) Notice of Entry of Judgment. The court clerk must promptly mail notice of entry of a default judgment to all parties. The notice to the defendant shall be mailed to the defendant's last known address or the address of the place of service. The clerk must keep a record that notice was given.

(C) Nonmilitary Affidavit. Nonmilitary affidavits required by law must be filed before judgment is entered in actions in which the defendant has failed to appear.

THIS> (D) Setting Aside Default.

THIS> (1) A motion to set aside a default or a default judgment, except when grounded on lack of jurisdiction over the defendant, shall be granted only if good cause is shown and an affidavit of facts showing a meritorious defense is filed.

ALL THIS> (2) Except as provided in MCR 2.612, if personal service was made on the party against whom the default was taken, the default, and default judgment if one has been entered, may only be set aside if the motion is filed

(a) before entry of judgment, or

(b) if judgment has been entered, within 21 days after the default was entered.

(3) In addition, the court may set aside an entry of default and a judgment by default in accordance with MCR 2.612.

THIS> (4) An order setting aside the default must be conditioned on the party against whom the default was taken paying the taxable costs incurred by the other party in reliance on the default, except as prescribed in MCR 2.625(D). The order may also impose other conditions the court deems proper, including a reasonable attorney fee.

(E) Application to Parties Other Than Plaintiff. The provisions of this rule apply whether the party entitled to the judgment by default is a plaintiff or a party who pleaded a cross-claim or counterclaim. In all cases a judgment by default is subject to the limitations of MCR 2.601(B).

[Effective March 1, 1985; amended effective January 1, 1995.]

1985 Staff Comment

MCR 2.603 corresponds to GCR 1963, 520 and DCR 520.

Sub rule (A)(2) retains the distinction between circuit and district court practice regarding notice of the entry of default. In the district court, the clerk sends the notice (see DCR 520.1); in all other courts, the party who sought entry of the default does so (see GCR 1963, 520.1). In addition, a defaulted party--even one who has not filed an appearance--is to be given notice of the entry of default. This notice may be mailed to the defaulted defendant's last known address or the place of service.

Similarly, sub rule (B)(1) requires the sending of notice to the defaulted party if the request for judgment seeks relief of a different kind or a greater amount than that stated in the pleadings. See MCR 2.601(B).

The provisions of sub rules (B)(2) and (3), regarding entry of default judgment by the clerk and by the court, are substantially the same as the provisions of both GCR 1963, 520.2 and DCR 520.2(1) and (2) (although the requirement of notice to a defaulted defendant who has appeared is moved to sub rule [B][1].

Sub rule (B)(4) adopts the district court rule (DCR 520.2[3] requiring that the clerk give notice to all parties (including the defendant in default) of the entry of the default judgment.

Sub rule (D) changes the time within which a defendant who was actually served must move to set aside a default judgment on grounds other than those provided in MCR 2.612. Under GCR 1963, 520.4 the motion was required to be filed before entry of judgment or within 4 months after entry of the default, whichever was later. Under sub rule (D)(2), the motion must be filed before entry of judgment or, if judgment has been entered, within 21 days after entry of the default. If the motion is not filed within this time, the party must proceed under MCR 2.612.

The form of default found in GCR 1963, 520.7 is omitted.

Staff Comment to 1995 Amendment

The November 1994 amendment of paragraph (D) [effective January 1, 1995] clarified that attorney fees may be included among the taxable costs upon which an order setting aside a default must be conditioned. The Court of Appeals held to the contrary in Webb v. Watts (On Remand), 194 Mich App 529 (1992). The Supreme Court vacated the judgment of the Court of Appeals and dismissed the appeal in Webb for lack of a proper party defendant. 443 Mich 862 (1993).

ALSO NOTE MICHIGAN COURT RULE 2.111(e) AS FOLLOWS:

MCR 2.111

WEST'S MICHIGAN COURT RULES

CHAPTER 2. CIVIL PROCEDURE

SUBCHAPTER 2.100 COMMENCEMENT OF ACTION; SERVICE OF

PROCESS; PLEADINGS; MOTIONS

Current with amendments received through 2-15-96

RULE 2.111 GENERAL RULES OF PLEADING

(A) Pleading to Be Concise and Direct; Inconsistent Claims.

(1) Each allegation of a pleading must be clear, concise, and direct.

(2) Inconsistent claims or defenses are not objectionable. A party may

(a) allege two or more statements of fact in the alternative when in doubt about which of the statements is true;

(b) state as many separate claims or defenses as the party has, regardless of consistency and whether they are based on legal or equitable grounds or on both.

All statements made in a pleading are subject to the requirements of MCR 2.114.

(B) Statement of Claim. A complaint, counterclaim, cross-claim, or third-party complaint must contain the following:

(1) A statement of the facts, without repetition, on which the pleader relies in stating the cause of action, with the specific allegations necessary reasonably to inform the adverse party of the nature of the claims the adverse party is called on to defend; and

(2) A demand for judgment for the relief that the pleader seeks. If the pleader seeks an award of money, a specific amount must be stated if the claim is for a sum certain or a sum that can by computation be made certain, or if the amount sought is $10,000 or less. Otherwise, a specific amount may not be stated, and the pleading must include allegations that show that the claim is within the jurisdiction of the court. Declaratory relief may be claimed in cases of actual controversy. See MCR 2.605. Relief in the alternative or relief of several different types may be demanded.

(C) Form of Responsive Pleading. As to each allegation on which the adverse party relies, a responsive pleading must

(1) state an explicit admission or denial;

(2) plead no contest; or

(3) state that the pleader lacks knowledge or information sufficient to form a belief as to the truth of an allegation, which has the effect of a denial.

(D) Form of Denials. Each denial must state the substance of the matters on which the pleader will rely to support the denial.

>>>>>PLEASE NOTE “(E)” IT IS THE BASIS FOR CLAIMING YOUR PLEADINGS ARE ADMITTED AS TRUE IN FACT FOR LACK OF A VIABLE PLEADING OR DEFENSE.>>>>>>>>>>>>

(E) Effect of Failure to Deny.

THIS>>> (1) Allegations in a pleading that requires a responsive pleading, other than allegations of the amount of damage or the nature of the relief demanded, are admitted if not denied in the responsive pleading.

(2) Allegations in a pleading that does not require a responsive pleading are taken as denied.

(3) A pleading of no contest, provided for in sub rule (C)(2), permits the action to proceed without proof of the claim or part of the claim to which the pleading is directed. Pleading no contest has the effect of an admission only for purposes of the pending action.

(F) Defenses; Requirement That Defense Be Pleaded.

(1) Pleading Multiple Defenses. A pleader may assert as many defenses, legal or equitable or both, as the pleader has against an opposing party. A defense is not waived by being joined with other defenses.

(2) Defenses Must Be Pleaded; Exceptions. A party against whom a cause of action has been asserted by complaint, cross-claim, counterclaim, or third-party claim must assert in a responsive pleading the defenses the party has against the claim. A defense not asserted in the responsive pleading or by motion as provided by these rules is waived, except for the defenses of lack of jurisdiction over the subject matter of the action, and failure to state a claim on which relief can be granted. However,

(a) a party who has asserted a defense by motion filed pursuant to MCR 2.116 before filing a responsive pleading need not again assert that defense in a responsive pleading later filed;

(b) if a pleading states a claim for relief to which a responsive pleading is not required, a defense to that claim may be asserted at the trial unless a pretrial conference summary pursuant to MCR 2.401(C) has limited the issues to be tried.

(3) Affirmative Defenses. Affirmative defenses must be stated in a party's responsive pleading, either as originally filed or as amended in accordance with MCR 2.118. Under a separate and distinct heading, a party must state the facts constituting

(a) an affirmative defense, such as contributory negligence; the existence of an agreement to arbitrate; assumption of risk; payment; release; satisfaction; discharge; license; fraud; duress; estoppel; statute of frauds; statute of limitations; immunity granted by law; want or failure of consideration; or that an instrument or transaction is void, void able, or cannot be recovered on by reason of statute or nondelivery;

(b) a defense that by reason of other affirmative matter seeks to avoid the legal effect of or defeat the claim of the opposing party, in whole or in part;

(c) a ground of defense that, if not raised in the pleading, would be likely to take the adverse party by surprise.

[Effective March 1, 1985; amended effective December 1, 1989; April 1, 1992.]

1985 Staff Comment

MCR 2.111 is based on GCR 1963, 111. The provisions are reorganized, and several are moved to other rules. GCR 1963, 111.8, concerning counterclaims, is relocated to MCR 2.203, which contains the general counterclaim provisions. GCR 1963, 111.10, which provided for submission of a case to the court on stipulated facts, is relocated to the summary disposition rule, MCR 2.116.

In addition, there are several other changes. Sub rule (B)(2) includes a requirement that a pleader include a statement of a specific ad damnum if the claim is for a sum certain or an amount that can be computed. In addition, a specific amount must always be stated in actions in which no more than $10,000 is sought.

Sub rule (F)(2) includes a slight modification of GCR 1963, 111.3. In general, a defense that a party is not required to plead can be raised at trial. However, a pretrial order under MCR 2.401(C) may limit the issues to be tried.

The [March 1, 1985] amendment of MCR 2.111(F)(3)(a) adds, "immunity granted by law" to the list of affirmative defenses that must be pleaded.

GCR 1963, 111.6, regarding unwarranted claims and denials, is omitted. A much more detailed rule covering that subject is included as MCR 2.114.

Staff Comment to 1992 Amendment

The [April 1,] 1992 amendments to MCR 2.111 and 2.116 were designed to confirm the right of a party to amend a pleading to add or modify affirmative defenses. This right of amendment is governed by MCR 2.118. To the extent that Campbell v St John Hospital, 434 Mich 608, 615-617; 455 NW2d 695 (1990) had been understood to preclude amendment of affirmative defenses, including defenses related to the Malpractice Arbitration Act (MCL 600.5040 et seq; MSA 27A.5040 et seq), the rule of Campbell was modified by these amendments.

ALL RIGHT NOW LET US GET BUSY HERE!!

1) You filed your Answer, Affidavits, and Pleadings on such and such date certain, and you lawfully served the opposing party either in person or by REGISTERED MAIL RETURN RECEIPT REQUESTED. THIS IS SO YOU CAN PROVE THE SERVICE LATER IF NEEDED.

2) NEXT YOU GO TO YOUR CALENDAR AND MARK YOU’RE SERVING DATE ON THE CALENDAR AND THEN COUNT (21) TWENTY-ONE DAYS FROM THE ORIGINAL DATE OF SERVICE. NOTE THE DATE OF SERVICE ON THE CALENDAR WHEN YOU MAILED OR PERSONALLY SERVED THE PARTY BECAUSE WHEN YOU PLACED THE DOCUMENT IN THE OFFICE OF THE U.S. MAIL IT WAS TECHNICALLY SERVED ON THAT DATE. NOW COUNT YOUR (21) TWENTY-ONE DAYS FROM THERE.

3) IF THE WHOLE (21) TWENTY-ONE DAYS IS OFFICIALLY UP AT THE CLOSE OF BUSINESS ON THE 21^st DAY THEN YOU TURN TO MICHIGAN COURT RULE 2.108(b) see below and using this Michigan Court Rule as your basis for the Opposing parties being IN DEFAULT now go to Michigan Court Rule 2.603 NOTE ABOVE and make out your AFFIDAVIT OF DEFAULT COURT FORM PROVIDED IN ATTACHED EXHIBITS AND FILE YOUR DEFAULT OR MOTION FOR DEFAULT JUDGMENT PLUS A PROOF OF SERVICE FOR ALL GOOD AND JUST CAUSE BEING CLEARLY SHOWN.

4) NEXT SERVE ALL PARTIES TO THE CASE WITH THE DEFAULT OR MOTION FOR DEFAULT JUDGMENT TO INCLUDE THE COURT CLERK, WHO MUST NOW FOLLOW M.C.R. 2.603 (A) WHICH SAYS THE CLERK MUST ENTER THE DEFAULT IF THE CLERK FINDS JUST CAUSE ENTERED OF THE DEFAULT OF A PARTY BY AFFIDAVIT OR OTHER JUST CAUSE.

5) THE OPPOSING PARTY HAS (14) DAYS AFTER BEING SERVED TO CURE THE DEFAULT, SEE MICHIGAN COURT RULE 2.603 (D), AND FAILING TO CURE THE DEFAULT, THE DEFAULTED PARTY MAY NOT PROCEED WITH THEIR ORIGINAL COMPLAINT OR PROCESS UNTIL THE DEFAULT IS LAWFULLY CURED AND THIS MUST BE IN COURT AND THE OPPOSING PARTY MUST FILE AN ACTUAL MOTION TO SET ASIDE THE DEFAULT JUDGMENT FOR GOOD AND LAWFUL CAUSE BEING VERY CLEARLY SHOWN. STATE AND FEDERAL GOVERNMENT OFFICERS ALMOST NEVER ANSWER THESE DEFAULT MOTIONS OR JUDGMENTS, BECAUSE THEY BELIEVE THAT THEY DON’T HAVE TO ANSWER YOU PEASANT. YOU ARE LUCKY WE EVEN TALK TO YOU AT COURT!!

MICHIGAN COURT RULE 2.108(b) as follows:

MCR 2.108

WEST'S MICHIGAN COURT RULES

CHAPTER 2. CIVIL PROCEDURE

SUBCHAPTER 2.100 COMMENCEMENT OF ACTION; SERVICE OF

PROCESS; PLEADINGS; MOTIONS

Current with amendments received through 2-15-96

RULE 2.108 TIME

(A) Time for Service and Filing of Pleadings.

THIS> (1) A defendant must serve and file an answer or take other action permitted by law or these rules within 21 days after being served with the summons and a copy of the complaint in Michigan in the manner provided in MCR 2.105(A)(1).

(2) If service of the summons and a copy of the complaint is made outside Michigan, or if the manner of service used requires the summons and a copy of the complaint to be sent by registered mail addressed to the defendant, the defendant must serve and file an answer or take other action permitted by law or these rules within 28 days after service.

(3) When service is made in accordance with MCR 2.106, the court shall allow a reasonable time for the defendant to answer or take other action permitted by law or these rules, but may not prescribe a time less than 28 days after publication or posting is completed.

(4) A party served with a pleading stating a cross-claim or counterclaim against that party must serve and file an answer or take other action permitted by law or these rules within 21 days after service.

(5) A party served with a pleading to which a reply is required or permitted may serve and file a reply within 21 days after service of the pleading to which it is directed.

(6) In an action alleging medical malpractice filed on or after October 1, 1986, unless the defendant has responded as provided in subrule (A)(1) or (2), the defendant must serve and file an answer within 21 days after being served with the notice of filing the security for costs or the affidavit in lieu of such security required by MCL 600.2912d; MSA 27A.2912d.

(B) Time for Filing Motion in Response to Pleading. A motion raising a defense or an objection to a pleading must be served and filed within the time for filing the responsive pleading or, if no responsive pleading is required, within 21 days after service of the pleading to which the motion is directed.

(C) Effect of Particular Motions and Amendments. When a motion or an amended pleading is filed, the time for pleading set in sub rule (A) is altered as follows, unless a different time is set by the court:

THIS>> (1) If a motion under MCR 2.116 made before filing a responsive pleading is denied, the moving party must serve and file a responsive pleading within 21 days after notice of the denial. However, if the moving party, within 21 days, files an application for leave to appeal from the order, the time is extended until 21 days after the denial of the application unless the appellate court orders otherwise.

(2)

6) YOU MAKE OUT YOUR MICHIGAN COURT FORM –07 DEFAULT APPLICATION, ENTRY, AND AFFIDAVIT, AND YOU COPY YOUR CALENDAR TO INCLUDE THE ENTRY OF THE ACTUAL SERVICE DATE AND THE CURRENT DATE AFTER THE (21) TWENTY ONE DAY EXPIRATION REQUIREMENT IS OVER AND SATISFIED AND YOU GO FILE YOUR DEFAULT AND OR MOTION FOR DEFAULT JUDGMENT AND CONSTRUCTIVE NOTICE OF DEFAULT TO THE OPPOSING PARTY STARTING THE (14) DAYS IN WHICH THE OPPOSING PARTY MUST CURE THE DEFAULT BY M.C.R. 2.603(D) NOW FAILURE TO CURE THE DEFAULT AND YOU ENTER YOUR FINAL DEFAULT JUDGMENT OF THE OPPOSING PARTY. THAT IS ALL THERE IS TO IT AND YOU WON!! IF THE OTHER SIDE OR THE COURT SCREWS AROUND YOU JUST IMMEDIATELY APPEAL THE CASE TO THE NEXT HIGHER COURT AND CLAIM THE DEFAULT THERE.

AFFIDAVIT OF VERIFICATION AND CLAIM

OF DEFAULT

SS I, John Christian, , Doe, first being duly sworn on OATH do hereby say and depose the following:

1) I am the above noted Affiant.

2) I have reached the age of discretion and am of proper mental capacity to make this my Affidavit and Pleading and I have read it and understand it and it is TRUE to the best of my knowledge and belief upon reasonable study or inquiry.

3) I have NOT filed this my Affidavit for ANY vexatious purpose or to restrain ANY Law Officer in the Lawful capacity of their sworn duty, but I have only sought to timely voucher the Record as to Facts concerned and to protect my basic Constitutionally protected basic Rights, which is my Right to so do.

4) That I have been seriously and irreparably harmed by the Fraudulent and Spurious Plaintiff’s Complaint and I will continue to be so irreparably harmed if this Honorable Court will NOT GRANT ME TIMELY JUST AND LAWFUL RELIEF SOUGHT AND REQUESTED BY ME.

5) That on this____________date I did timely serve a TRUE COPY of my ANSWERS, AFFIDAVITS, AND OR PLEADINGS OR BRIEFS upon the Opposing Party, and proof of service is attached hereto and made part of the Record.

6) That I then waited (21) TWENTY-ONE DAYS until ______________date and I did NOT receive ANY ANSWER, PLEADING, or BRIEF or Affidavit countering my Affidavit POINT FOR POINT WITHIN THE PRESCRIBED (21) TWENTY-ONE DAYS as is required by Michigan Court Rule 2.108(B).

7) That at that time I gave a CONSTRUCTIVE NOTICE OF DEFAULT to the Opposing Party starting the (14) FOURTEEN DAY running time to CURE THE DEFAULT and again I received NO RESPONSE FROM THE Opposing Party per Michigan Court Rule 2.603 (d).

8) That I submitted my FINAL CONSTRUCTIVE NOTICE OF DEFAULT TO THE OPPOSING PARTY AND ALL PARTIES TO INCLUDE THE COURT WITH THIS MY AFFIDAVIT OF VERIFICATION PER Michigan Court Rule 2.603 (A),(B),(C),(D).

9) THAT I FORMALLY CLAIM DEFAULT OF THE OPPOSING PARTY NAMED BELOW AND MAKE MY FORMAL CLAIM TO THE CLERK OF_____________COURT ON THIS ______________DATE.

SS FURTHER AFFIANT SAYETH NOT:

RESPECTFULLY SUBMITTED;

DATE___________ ______________________________________________

John Christian, , Doe, THE Affiant

WITNESS_______________ _______________________________________________

NOTARY PUBLIC MY COMMISSION EXPIRES

WITNESS_______________