FORM DC 111bANSWER, DAMAGE/HEALTH HAZARD TO PROPERTY Use this form if: 225 you get a copy of DC 102b, Complaint, Damage/Health Hazard to 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 en-USANSWER CHECKLISTen-USUse the following checklist to make sure you have done all the steps that are needed.en-USDID YOU... þ 1. þ Fill out all requested information on the form? þ YES þ þ 2. þ Attach a copy of any supporting documents? þ YES þ þ 3. þ Make all necessary copies of the form and supporting documents? þ YES þ þ 4. þ File the answer and supporting documents with the clerk of the court? þ YES þ þ þ 5. þ Have the answer and supporting documents served on the landlord? þ YES þ þ 6. þ Keep one copy of the answer and supporting documents for yourself? þ YES þ en-USBy using this form packet you are representing yourself in a court action for eviction.en-USIn order to receive the action you seek, you must follow the instructions in this packet. If youen-USfail to do even one of the required steps, the court may not give you the result you want.en-USIf you have questions about any step in the process, refer to pages 3 through 5 ofen-USthis booklet for details. MichiganLegalHelp.org also has tools that can help you en-UScomplete this form.en-USPAGE 2 American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS FOR USING FORM DC 111bFILING AND SERVING AN ANSWER TO A COMPLAINT273273DECIDING TO FILE AN ANSWERIf you received a complaint from the landlord for damage or health hazard to property (form DC 102b),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 and an immediate order of eviction may be entered.You can appear and answer be either: 1) filing a written answer or motion and serving the plaintiff (land-lord) with that answer or motion; or 2) orally answering each allegation in the complaint at the hearing. 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), 2-A District Court (Lenawee County), 12th District Court (Jackson County), 18th District Court (City of Westland), 81st District Court (Alcona, Arenac, Iosco, and Oscoda Counties), 82nd District Court (Ogemaw County), and 95-B 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 youranswer.273273FILING AN ANSWER1. 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 111b (Answer, Damage/Health Hazard to 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 111b, 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. þ Serving the Answer form. þ You must serve a copy on the plaintiff by first-class mail. If the plaintiff has an attorney, make sure þ you serve the answer form on the attorney instead of the plaintiff. It is important to serve the answer þ before the date of the hearing. þ After you mail the answer form to the plaintiff, complete the certificate of mailing on the bottom of þ the form. It must be filed with the court. You can do this either in person or by first-class mail. Keep þ the remaining copy of the answer form for yourself. You will need it at the hearing. 6. þ Prepare for the hearing/trial. þ To prepare for the hearing, gather the evidence you need to prove your case. This might include a þ receipt, guarantee, lease, contract, government inspection report, or accident report. If a damaged þ article is too big to bring with you, photographs can be presented as evidence. þ It is unlikely that a letter or affidavit from a witness will be accepted as evidence by the court without þ the witness being physically present at the hearing/trial. Therefore, it is strongly recommended that þ witnesses appear with you at the hearing/trial. If a witness is unwilling to appear, you can ask the þ clerk of the court to issue an order to appear (subpoena), requiring the witness to appear at the þ hearing/trial. The order to appear must be served on the witness (along with any witness fee) no þ later than two days before the hearing/trial. You can pay the clerk of the court to make arrangements þ for service of this order. en-US273273INFORMATION ABOUT ATTENDING THE HEARINGen-USBring with you to the hearing your copy of the summons and complaint packet and, if youen-USprepared one, your written answer.en-US Also, bring with you all the evidence you gathered and anyen-USwitnesses who are willing to testify. The hearing will usually take place at the location stated in theen-USsummons/notice to appear. It is important for you to arrive at the court on time. If you are not in courten-USwhen your case is called, the court may enter a default judgment against you. 1. þ If you are representing yourself, you are expected to conduct yourself in a professional manner and þ to follow the same general rules as an attorney. 2. þ Make a list of information you think is important for the judge to know. You can use this list as a þ reminder to bring up the points you think are important. 3. þ If you need someone to attend this hearing who is unwilling to attend, follow the procedure in þ MCR 2.506 to get an order to appear (subpoena) or consult with an attorney. 4. þ Go to the court on the scheduled day and time. Dress neatly. Arrive 10 or 15 minutes early. Bring þ your witnesses with you. 5. þ Go to the clerk and tell him/her your name and that you are there for a hearing. Follow the clerk222s þ directions and do en-USnoten-US interrupt any hearing in progress.en-USPAGE 4 American LegalNet, Inc. www.FormsWorkFlow.com 6. þ The court will call the case and the plaintiff will have an opportunity to explain the case to the judge þ and to prove: 1) that you willfully or negligently caused a continuing and serious health hazard or þ extensive and continuing damage to the property, 2) that you were given notice to remove the health þ hazard or repair the damage or move out and that this notice was given within 90 days of discovering þ the health hazard or damage, and 3) that you did not remove the health hazard or repair the damage þ or move out within 7 days of the notice. Evidence that you present is subject to the Michigan Rules of þ Evidence. Witnesses will be allowed to tell the court about facts they know firsthand that support your þ evidence. 7. þ When you are called, go the front of the courtroom and follow the directions of the judge. The hearing/ þ trial will generally be conducted following the procedure in MCR 2.507. Make sure you read this court þ rule before the hearing/trial. 8. þ After the judge makes a decision, in most cases the court will prepare an appropriate judgment. 9. þ The judge will instruct you about what to do next. en-US273273EVICTING THE TENANTen-USIf the court enters a judgment in favor of the plaintiff (landlord), but does not grant an immediate order of en-USeviction, and you do not move out as stated in the judgment, the plaintiff can file an application