HUNTINGTON NATIONAL BANK, Plaintiff-Appellee, v JOVICA RISTICH, Defendant-Appellant., 292 Mich. App. 376

Summary

The customer argued that the trial court erred when it denied his request to set aside the default and granted the default judgment. The appellate court found that in order to request an extension of time for filing an answer, a defendant had to file a motion pursuant to MCR 2.108(D), particularly requesting the extension. The customer's motion to stay the proceedings was the equivalent of a motion for an extension of time to file an answer. The customer's failure to invoke the privilege against self-incrimination in an answer to the bank's complaint was an improper invocation of the privilege. The customer's failure to answer the complaint violated MCR 2.108(A)(1). The customer was properly defaulted. The trial court did not abuse its discretion in holding that the customer failed to show good cause for not filing an answer where, given that the customer could have invoked the privilege in an answer, it was not unreasonable to say that no manifest injustice would result from ...