Full record / 25-003549 Extend Default (no response).pdf

25-003549 Extend Default (no response).pdf

Richard F Ban, Petitioner V City Of Detroit, Respondent · 25-003549-TT

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Page 1

STATE OF MICHIGAN

 

GRETCHEN WHITMER 

GOVERNOR 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

LANSING

MARLON I. BROWN, DPA 

DIRECTOR 

 

 

MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 

PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 

Richard F Ban, 

MICHIGAN TAX TRIBUNAL 

 

Petitioner, 

SMALL CLAIMS DIVISION 

 

v 

 

MTT Docket No. 25-003549 

 

City of Detroit, 

 

Presiding Judge 

Respondent. 

 

Patricia L. Halm 

 

ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT 

 

ORDER HOLDING RESPONDENT IN DEFAULT 

 

The Tribunal has considered the file in this case and finds that it entered an order 

holding Petitioner in default on October 20, 2025, because the petition identified 

Petitioner was attempting to appeal both the subject property’s true cash and taxable 

value and the denial of a poverty exemption but failed to include a copy of the notice 

denying the request for a poverty exemption.1 Petitioner was required to cure the 

default by either submitting the notice denying the request for a poverty exemption, or 

by submitting a response indicating that this case should go forward as a true cash and 

taxable value appeal only, within 14 days. Petitioner has had ample time to comply, yet 

has failed to respond or submit the required filings. Though the Tribunal finds an 

extension of time to cure the default appropriate, Petitioner’s failure to comply with 

Tribunal orders and its Rules of Practice and Procedure has established a history of 

deliberate delay that would justify dismissal of the case for failure to timely comply with 

this order.2 

 

Further, the Tribunal finds Respondent has failed to file an answer.3 Respondent must 

file an answer within 14 days of the entry of this order. Small Claims answer forms can 

be found on our website at www.michigan.gov/taxtrib. Therefore, 

 

IT IS ORDERED that the time for Petitioner to cure the default is EXTENDED. 

 

IT IS FURTHER ORDERED that Petitioner must complete the following to cure the 

default: (1) file either the notice denying the request for a poverty exemption, or submit 

a response indicating that this case should go forward as a true cash and taxable value 

appeal only, (2) file a Motion to Set Aside Default, and (3) file proof the motion was 

served on Respondent. The foregoing must be filed with the Tribunal within 14 days of 

 

1 The order further stated, “Failure to comply with this order will result in the defaulted party being 

required to file a motion to set aside the default (with appropriate filing fee).” 

2 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 

3 TTR 281.

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MTT Docket No. 25-003549 

Page 2 of 2 

 

the entry of this order.4 

 

Failure to comply with this order may result in the dismissal of the case, as provided by 

TTR 237. 

 

IT IS FURTHER ORDERED that Respondent is held in DEFAULT. 

 

IT IS FURTHER ORDERED that Respondent must complete the following to cure the 

default: file an answer. The foregoing must be filed with the Tribunal within 14 days of 

the entry of this order. 

 

Failure to comply with this order will result in Respondent being required to file a motion 

to set aside the default. 

 

 

 

Entered: November 19, 2025 

 

 

By _____________________________ 

kac 

 

PROOF OF SERVICE 

 

I certify that a copy of the foregoing was sent on the entry date indicated above to the 

parties or their attorneys or authorized representatives, if any, utilizing either the mailing 

or email addresses on file, as provided by those parties, attorneys, or authorized 

representatives. 

 

By: Tribunal Clerk 

 

 

 

 

4 “A submission by mail is considered filed on the date indicated by the United States Postal Service 

postmark on the envelope containing the submission. A submission without a postmark or with an illegible 

postmark is considered filed on the date the submission is received by the tribunal. A submission by 

commercial delivery service is considered filed on the date the submission is given to the commercial 

service for delivery to the tribunal as indicated by the receipt date on the package containing the 

submission. A submission by personal service is considered filed on the date the submission is received. 

A submission through the tribunal’s e-filing system by 11:59 p.m. on a business day is considered filed on 

that business day. A submission by email to the email address designated by the tribunal by 11:59 p.m. 

on a business day is considered filed on that business day. A submission on a Saturday, a Sunday, or a 

holiday is considered filed on the following business day, as provided by section 35a of the tax tribunal 

act, MCL 205.735a.” TTR 225(5).

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