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Common Questions about Setting Aside a Consent Judgment in an Eviction Case

These are common questions about setting aside a consent judgment in an eviction case.

What is a consent judgment?

A consent judgment is an agreement you and your landlord come to about your eviction that you present to a judge. If the judge signs it, it ends the case.

What does it mean to have a consent judgment set aside?

Having a consent judgment set aside means the judgment is undone; it’s as if the judgment never happened.

What are the requirements to have a consent judgment set aside?

To set aside a consent judgment you must meet all of the following requirements:

  • You did not have a lawyer when you signed the consent judgment;
  • You did not know about your rights when you signed the consent judgment; and
  • You file your motion to set aside the consent judgment within three business days from when the judge signed it.

As a practical matter, you also need a defense or a counterclaim that could change the outcome of the case.

To learn more, ready Setting Aside a Consent Judgment in an Eviction Case.

What rights do tenants have in eviction cases?

To learn about your general rights and responsibilities as a tenant, read Tenant Rights and Responsibilities. One important right you have is your right to talk to and get advice from a lawyer about your eviction. You are not entitled to a court-appointed lawyer in your eviction case, but you do have a right to talk to one about your case.

A lawyer could advise you about defenses and counterclaims to eviction, which are other rights you may have given up with a consent judgment. The only real reason to set aside a consent judgment is so you can raise defenses and counterclaims and change the outcome of your case. Be sure you can explain those in your motion. To learn more, read Common Defenses and Counterclaims in Eviction Cases.

If you have a disability, you may be entitled to certain housing accommodations, which can protect you from eviction. To learn more about what types of disabilities are protected in Michigan, read Discrimination in Rental Housing and Rights of Tenants with Disabilities.

Do I need a lawyer to set aside my consent judgment?

The purpose of the court rule that allows you to set aside a consent judgment is to protect people who did not have a lawyer when they signed a consent judgment, and as a result did not raise defenses and counterclaims. This process protects people without a lawyer who did not know their rights, misunderstood them, or did not realize they were giving up those rights. In order to have your consent judgment set aside, you will need to show that you now know about and understand your rights and you want to exercise them.

The easiest and most common way to learn about your rights is by speaking to lawyer about them. You may qualify for free legal help from your local legal services office. However, if you found resources after the consent judgment on your own, like on Michigan Legal Help, that could be a way you learned about them without having to speak with a lawyer. Because setting aside a consent judgment can be complex, you may want to speak with a lawyer before you file your motion.

Use the Guide to Legal Help to find lawyers near you. If you have low income, you may qualify for a free lawyer from your local legal services office. Even if they are not able to represent you in court, they could offer you advice and other help, such as helping you draft your motion. The Guide will screen you to see if you are eligible for free legal services.

What happens if a judge grants my motion?

If the judge grants your motion, it will be as if the consent judgment never happened. Often, you will need to file an answer to your landlord’s eviction complaint with defenses and counterclaims, and you will need to go to court again. However, you should be ready at the motion hearing to answer the eviction complaint with defenses and counterclaims you have just in case the judge wants to take care of things then. To learn about going to court, read Going to Court in an Eviction Case.

What if a judge denies my motion?

If the judge denies your motion, the consent judgment stands and you must follow what it says. You may be able to appeal the judge’s decision, but the process is very complex. There are strict timelines in eviction cases that affect the appeals process. How judges interpret these timelines can vary greatly.