Servicemembers facing civil lawsuits rarely know the full scope of legal protection built directly into the process itself. Federal law and Michigan’s own statutes impose binding obligations on courts and opposing parties, obligations that go far beyond what most defendants ever claim. Understanding SCRA State Laws at both the federal and state levels can mean the difference between losing a case by default and exercising rights the court is legally required to respect.
TL;DR: Michigan courts must follow specific rules that protect active-duty defendants from default judgments, non-judicial foreclosures, and rushed civil proceedings. Five of these protections are mandatory, yet most service members never invoke them.
Courts Cannot Enter a Default Judgment Without Appointing an Attorney First
Before a Michigan court can enter a default judgment against an absent active-duty defendant, it must first appoint an attorney to represent that servicemember. Section 521 of the Servicemembers Civil Relief Act mandates this step in every civil case where the defendant has not appeared.
That appointed attorney must attempt to reach the service member. If contact fails, or if a possible defense requires the defendant’s presence, the court must stay proceedings for at least 90 days. Plaintiffs who skip this requirement risk having any resulting judgment vacated entirely.
The Right to a Mandatory Stay of Civil Proceedings
Active-duty defendants have a legal right to delay a case, not just an option to request one. Under the SCRA, a court must grant a stay of civil proceedings for a minimum of 90 days when military service materially affects the servicemember’s ability to participate or mount a defense.
The servicemember or their counsel submits a statement explaining how active duty prevents participation. The court has no discretion to deny that initial request. Extensions beyond 90 days are also available when circumstances warrant continued postponement of the judicial proceeding.
Michigan Bans Non-Judicial Foreclosure During Active Duty
In Michigan, the most common foreclosure method is foreclosure by advertisement, a non-judicial process that moves quickly and without court oversight. For active-duty service members, that path is legally closed.
Under Michigan Compiled Laws Section 600.3285, lenders cannot proceed with a non-judicial foreclosure on a pre-service or overseas-deployment mortgage during active duty or for six months after service ends. A valid court order is required before any foreclosure sale can take place. This state protection covers Michigan National Guard members federally activated under 32 USC 502(f) for 30 or more consecutive days, along with full-time active-duty members across all branches.
Michigan Extends SCRA Protections to State-Activated National Guard Members
Federal SCRA protections generally apply only to federal active duty orders. Governor-ordered state duty sits in a legal gap under the federal statute alone. Michigan state law closes that gap.
Under MCL Chapter 32, Michigan extends core servicemember protections to National Guard members serving under a governor’s state activation order. A servicemember called to state duty in Michigan still receives SCRA-style protections in Michigan courts, even when the federal statute would not independently apply. Thousands of Guard members serving under state orders often assume they carry no legal shield at all, which makes this one of the most overlooked protections in the state.
A Default Judgment Entered During Deployment Can Be Set Aside
When a default judgment gets entered against an active-duty servicemember in violation of SCRA procedures, the law provides a direct remedy. That judgment is not necessarily final.
Under Section 521 of the SCRA, a servicemember has 90 days after discharge to petition the court to vacate any default judgment improperly entered during active duty. Courts treat such judgments as voidable, not permanent. Acting within that 90-day window reopens the case and allows a defense that deployment made impossible to present at the time of the original proceeding.
What to Do Before a Hearing Date or Legal Deadline Passes
Courts do not proactively pause proceedings for active-duty defendants. The responsibility falls on the service member, their family, or their attorney to act before deadlines pass.
If you face a Michigan civil proceeding while on active duty, file for a stay immediately, confirm your lender understands the non-judicial foreclosure prohibition under MCL § 600.3285, and check whether any past judgment was entered in violation of your rights. Military legal assistance offices on base provide free consultations for service members who need help navigating active-duty defendant protections.
FAQs
Does the SCRA apply to National Guard members in Michigan?
Federal SCRA protections apply to National Guard members on federal active duty orders. Michigan state law separately extends similar protections to Guard members activated by the governor for state duty, which the federal SCRA does not automatically cover.
How long does Michigan’s foreclosure protection last after active duty ends?
Under MCL § 600.3285, Michigan prohibits non-judicial foreclosure during active duty and for six months after the servicemember’s period of service concludes. The lender must obtain a court order to proceed with any foreclosure sale during that window.
What happens if a court enters a default judgment against me while I am deployed?
You have 90 days after discharge to ask the court to vacate the judgment. Under Section 521 of the SCRA, default judgments entered without proper appointment-of-counsel and notice procedures are voidable, giving you a legal basis to reopen the case.