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Was handed a default judgment and order to dissmiss?


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I posted about a week ago (http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=292985)

Here is what happened..court case Feb 2, no response from certified mail on debt validation as of yet, on the way to court pick up mail, have a stipulation order to dismiss without prejudice, went to court showed the clerk the paper and she said case has been dismissed, sign and return to sender, and to go home as the case was dismissed.

Three days later get a judgment for default for not showing up, went to court and spoke with clerk who remembered me, she could not figured out what had happened but obviously they had typed the order on the 30th which was a Friday and there was no way for me to have signed it and returned before the court date...I had just mailed the signed copy via certified mail to the attorneys office that morning.

So I filed a motion for a new trial explaining what had happened, court date was set up for Feb 18 (today) I showed up and the clerk said it had been dismissed by the plaintiffs..I asked how can that be when I received a letter 2 days prior demanding the money they had gotten by the default judgment?

She said there was going to be no case heard, I told her I was going to sit in the courtroom just in case cause last time I did what they told me I got a default, so I sat in the courtroom until I was the only one left and the judge asked what I was there for and I showed him the paperwork that I was to be there for a court case at 11;00 am.. he said it had been dismissed and I told him that happened 2 weeks ago and I got hit with a default. I asked him if the judgment had been vacated and he told me he had personally signed the dismiss paperwork to go upstairs and request them.

I did and it was the paper I had sent back to the attorneys, they had signed it and sent to court and as far as the court was concerned it was over with.

BUT my question is I have a default one week and a order to dismiss 2 weeks later, which one over rides the other one?

What if they keep sending papers to collect on the debt? what are my options?

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Today I received a Stipulation to set aside Default Judgment and Dismissal Without Prejudice

Order Setting Aside Default Judgment and Dismissal Without Prejudice

At a session of said court held in the city of xxxxxxxxx, County xxxxxxxxxx

State of Michigan


Present: Honorable____________

In accordance with the annexed stipulation, and the Court being otherwise fully advice in premises


IT IS HEREBY ORDERED the judgment entered on Feb 2 2009 is set aside and within matter is dismissed without prejudice and without further costs to both parties.



Approved as to form and consent

Notice of Entry Waived

Attorney for Plaintiff

Should I sign it and live to fight another day or press for a Dismissal with Prejudice?


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