I'm in default, plaintiff default judgment denied, my set aside denied. What now?

[spolan5]

What is the name of your state (only U.S. law)? Michigan.

I am defendant in case. I was late filing response to complaint, and plaintiff filed for motion for entry of default (approved). Plaintiff then filed motion for default judgment (denied, judge said that it appears that defendant has merit). Defendant filed motion to set aside default along with just cause and affidavit of meritorious defense (denied, based on the fact that "just cause" was not proven).

I will be filing a motion for reconsideration pleading for court's discretion regarding "just cause." Court clerk gave me ill advice not to come down to the court (I did not have representation at the time, and wanted to file something with the court, but he told me not to come down there).

Other than that, being in default, I cannot file any other motions, as far as I know. What are my options? What are the plaintiff's options?

Procedurally, am I just to wait for plaintiff's next shoe to fall? Can they keep filing motions for default judgment? Will the case just move on to trial?

 

[latigo]

Sometimes a dartboard is best to use in second-guessing a small claim’s judge. But I don’t know of any that would cover the “Catch 22” this moron has created!

He won’t set aside his entry of order of default and yet peculiarly refuses to grant the claimant a judgment based upon that order of default.

If it were me as a layperson, I would present your dilemma to the administrative judge * in the district wherein this idiot sits behind a bench!

It may not work, but I would make special emphasis on the fact that in deny the application for judgement against you he ruled that your response exhibited a meritorious defense.


[*] One of the responsibilities of the administrative judge (at least around this neck of the woods) is to clear the clogged court calendars by keeping cases moving forward. And at present this one seems hopelessly mired.

 

[spolan5]

Unfortunately, the opposition is very tactful at using every single technicality against me thus far. Yes, this is a konundrum, however, I am certain it is not a unique scenario.

I very much would like this case to move to a trial, but if I cannot convince this judge through my motion for reconsideration to set aside default, can I request for trial setting?