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Answer to Civil Complaint in Michigan Court, Lecture notes of Civil procedure

A civil answer form used in michigan courts. It allows the defendant to respond to the plaintiff's complaint by agreeing or disagreeing with each paragraph and stating any affirmative defenses. The form includes instructions and a certificate of service.

What you will learn

  • What information must the defendant provide in response to each paragraph in the plaintiff's complaint?
  • What is the purpose of the civil answer form in a Michigan court case?
  • What are affirmative defenses and how are they stated in the civil answer form?

Typology: Lecture notes

2021/2022

Uploaded on 09/12/2022

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STATE OF MICHIGAN
JUDICIAL DISTRICT
JUDICIAL CIRCUIT
ANSWER, CIVIL
(PAGE 1 OF ___)
CASE NO. and JUDGE
Court address Court telephone no.
Approved, SCAO
Form MC 03, Rev. 1/21
MCR 2.111
Page 1 of __
Distribute form to:
Court
Plaintiff
Defendant
Proof of service
Plaintiff’s name, address, and telephone no.
v
Defendant’s name, address, and telephone no.
Plaintiff’s attorney, bar no., address, and telephone no. Defendant’s attorney, bar no., address, and telephone no.
Defendant, (Paragraph numbers in the answer must correspond to paragraphs
Attorney for defendant, in answer to the complaint, states: in the complaint. Attach additional sheets if necessary.)
1. I agree with the statements in paragraph 1.
disagree with the statements in paragraph 1 because .
do not know if the statements in paragraph 1 are true.
2. I agree with the statements in paragraph 2.
disagree with the statements in paragraph 2 because .
do not know if the statements in paragraph 2 are true.
3. I agree with the statements in paragraph 3.
disagree with the statements in paragraph 3 because .
do not know if the statements in paragraph 3 are true.
continued on page 2.
Date Defendant/Attorney signature
Name (type or print)
IMPORTANT: If you have affirmative defenses, you must state them now using the last page of this form. If you do not, the court may prohibit you from
raising them later. An affirmative defense is a defense claiming that the plaintiff is not entitled to a judgment because other facts exist that create a lawful
defense. Affirmative defenses allow you to provide information to the court that is not stated in the plaintiff’s complaint.
I certify that on this date I served a copy of this answer on the plaintiff(s) or their attorney(s) by
personal service first-class mail addressed to their last-known address(es) as defined in MCR 2.107(C)(3).
I declare under the penalties of perjury that this certificate of service has been examined by me and that its contents are
true to the best of my information, knowledge, and belief.
Date Signature
CERTIFICATE OF SERVICE
Form Instructions
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STATE OF MICHIGAN

JUDICIAL DISTRICT

JUDICIAL CIRCUIT

ANSWER, CIVIL

(PAGE 1 OF ___)

CASE NO. and JUDGE Court address Court telephone no. Approved, SCAO Form MC 0 3 , Rev. 1/ MCR 2. Page 1 of __ Distribute form to: Court Plaintiff Defendant Proof of service Plaintiff’s name, address, and telephone no. v Defendant’s name, address, and telephone no. Plaintiff’s attorney, bar no., address, and telephone no. Defendant’s attorney, bar no., address, and telephone no. Defendant, (Paragraph numbers in the answer must correspond to paragraphs Attorney for defendant, in answer to the complaint, states: in the complaint. Attach additional sheets if necessary.)

  1. I agree with the statements in paragraph 1. disagree with the statements in paragraph 1 because. do not know if the statements in paragraph 1 are true.
  2. I agree with the statements in paragraph 2. disagree with the statements in paragraph 2 because. do not know if the statements in paragraph 2 are true.
  3. I agree with the statements in paragraph 3. disagree with the statements in paragraph 3 because. do not know if the statements in paragraph 3 are true. continued on page 2. Date Defendant/Attorney signature Name (type or print) IMPORTANT: If you have affirmative defenses, you must state them now using the last page of this form. If you do not, the court may prohibit you from raising them later. An affirmative defense is a defense claiming that the plaintiff is not entitled to a judgment because other facts exist that create a lawful defense. Affirmative defenses allow you to provide information to the court that is not stated in the plaintiff’s complaint. I certify that on this date I served a copy of this answer on the plaintiff(s) or their attorney(s) by personal service first-class mail addressed to their last-known address(es) as defined in MCR 2.107(C)(3). I declare under the penalties of perjury that this certificate of service has been examined by me and that its contents are true to the best of my information, knowledge, and belief. Date Signature

CERTIFICATE OF SERVICE

Page 2 of __ Plaintiff’s name v Defendant’s name continued from page 1.

  1. I agree with the statements in paragraph 4. disagree with the statements in paragraph 4 because. do not know if the statements in paragraph 4 are true.
  2. I agree with the statements in paragraph 5. disagree with the statements in paragraph 5 because. do not know if the statements in paragraph 5 are true.
  3. I agree with the statements in paragraph 6. disagree with the statements in paragraph 6 because. do not know if the statements in paragraph 6 are true.
  4. I agree with the statements in paragraph 7. disagree with the statements in paragraph 7 because. do not know if the statements in paragraph 7 are true.
  5. I agree with the statements in paragraph 8. disagree with the statements in paragraph 8 because. do not know if the statements in paragraph 8 are true.
  6. I agree with the statements in paragraph 9. disagree with the statements in paragraph 9 because. do not know if the statements in paragraph 9 are true.
  7. I agree with the statements in paragraph 10. disagree with the statements in paragraph 10 because. do not know if the statements in paragraph 10 are true.
  8. I agree with the statements in paragraph 11. disagree with the statements in paragraph 11 because. do not know if the statements in paragraph 11 are true.
  9. I agree with the statements in paragraph 12. disagree with the statements in paragraph 12 because. do not know if the statements in paragraph 12 are true.
  10. I agree with the statements in paragraph 13. disagree with the statements in paragraph 13 because. do not know if the statements in paragraph 13 are true.
  11. I agree with the statements in paragraph 14. disagree with the statements in paragraph 14 because. do not know if the statements in paragraph 14 are true.
  12. I agree with the statements in paragraph 15. disagree with the statements in paragraph 15 because. do not know if the statements in paragraph 15 are true. continued on page 3.

Page __ of __ Plaintiff’s name v Defendant’s name Defendant, Attorney for defendant, states the following affirmative defenses: CHECK ALL THAT APPLY (for each box checked, attach a statement of facts)

  1. I paid this debt in full (satisfied). Attached is proof of payment.
  2. This action is barred by the statute of limitations because the plaintiff failed to sue within six years of Date , the last activity on the alleged account. MCL 600.5807(8) the alleged contract involves a motor vehicle retail installment sales contract or the sale of other goods, and the plaintiff failed to sue within four years of Date , the last activity on the alleged account. MCL 440.2725(1) the plaintiff failed to sue within three years after the alleged contract of sale of a mobile home on Date

MCL 125.

  1. I paid an amount that the plaintiff accepted as payment in full (accord and satisfaction). Attached is proof of payment. The debt was discharged in bankruptcy. The case number was.
  2. The contract is void or voidable because I was a minor when the alleged contract was made. I was not mentally competent when the alleged contract was made. Probate case number. Attached are my letters of conservatorship/guardianship. there was no valid contract (no meeting of the minds) because.
  3. The contract was severely unjust or extremely one-sided (unconscionable).
  4. I am not liable for the alleged damages because of the plaintiff’s contributory negligence.
  5. The alleged contract is unenforceable because it is not in writing (statute of frauds).
  6. My vehicle was repossessed and later sold in a commercially unreasonable manner. MCL 440.9607(3).
  7. The contract should not be enforced because of the plaintiff’s improper conduct (fraud and/or duress).
  8. The goods purchased were defective (failure of consideration).
  9. The terms of the contract did not express what the parties intended (mutual mistake).
  10. I have not been credited for all payments made on the alleged account. Attached is proof of payment.
  11. Other: Date Defendant/Attorney Signature Name (type or print)

AFFIRMATIVE DEFENSES