Motions

Motion to Dismiss

What it does: Asks the judge to dismiss the case entirely — or dismiss specific claims — because the plaintiff's Complaint has a fundamental legal deficiency.

When defendants consider it: When the Complaint doesn't include enough facts to state a valid claim, when the statute of limitations has clearly expired, when the plaintiff clearly lacks standing, or when the court doesn't have jurisdiction.

Important to understand: A Motion to Dismiss is evaluated based on the Complaint alone — the judge looks at what the plaintiff alleged and asks whether, even if everything they said were true, they've stated a valid legal claim. It's a high bar. In debt cases, judges often prefer to let the case proceed and resolve the issues through discovery and trial rather than dismiss at the outset.

Filing a Motion to Dismiss does not replace filing an Answer. If the motion is denied, you still need an Answer on file. Many defendants file both simultaneously to protect their deadlines.

Motion for More Definite Statement

What it does: Asks the judge to order the plaintiff to provide a more detailed Complaint because the current one is too vague to respond to.

When defendants consider it: When the Complaint doesn't identify the specific account, doesn't explain how the amount was calculated, doesn't attach any supporting documentation, or is so general that you can't meaningfully respond to it.

Practical effect: This motion forces the plaintiff to show more of their cards before the case proceeds. If the Complaint says "defendant owes $4,237" without explaining where that number comes from, a More Definite Statement motion asks them to break it down.

Motion to Compel Discovery

What it does: Asks the judge to order the other side to respond to discovery requests they've ignored or refused.

When defendants consider it: After you've sent discovery requests (interrogatories, document requests) and the plaintiff has either failed to respond by the deadline or provided inadequate responses.

Why it matters in debt cases: Debt buyers in particular sometimes struggle to produce complete documentation — the original signed agreement, full account statements, or proof of the chain of assignment. If they don't respond to your discovery requests, a Motion to Compel is the mechanism to force the issue.

Motion to Set Aside Default Judgment

What it does: Asks the judge to undo a default judgment that was already entered against you.

When defendants consider it: When you missed the 21-day Answer deadline — maybe you didn't understand the papers, you were out of town, or you genuinely didn't receive proper service — and a default judgment was entered.

Important: Michigan Court Rules allow default judgments to be set aside for "good cause" (MCR 2.603). Courts consider factors like how quickly you're acting after learning of the judgment, whether you have a valid defense to the underlying claim, and whether the other side would be prejudiced by reopening the case. The longer you wait, the harder this motion becomes.

If you recently discovered a default judgment against you, act quickly. Contact the court clerk to understand your options, and consider reaching out to legal aid.

Motion for Installment Payments

What it does: If a judgment has been entered — whether by default or after trial — this motion asks the court to allow you to pay the judgment in installments rather than through garnishment.

When defendants consider it: After a judgment, when you have income but cannot pay the full amount at once. Michigan law (MCL 600.6201) allows courts to order installment payments.

How it typically works: You present information about your income and expenses to the judge. The court sets a monthly payment amount based on your ability to pay. As long as you make the payments, garnishment is typically stayed (paused).