[Your Name] [Your Address] [City, State, ZIP] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Subject: Second Motion for Examination of Judgment — Debtor [Case Number] Dear [Recipient's Name], I hope this letter finds you well. I am writing to bring your attention to a matter pertaining to the [Case Number] judgment obtained against the judgment debtor in the State of Michigan. As the judgment creditor, I kindly request a second motion for examination of the debtor, in accordance with the laws and procedures governing such matters in Michigan. Firstly, let us establish some key information regarding the judgment: 1. Case Details: — Case Number: [Case Number— - Date of Judgment: [Date of Judgment] — Court Name: [Court Name— - Presiding Judge: [Judge's Name] 2. Identification of Parties: — Judgment Creditor: [Your Name— - Debtor: [Debtor's Name] — Debtor's Address: [Debtor's Address] 3. Nature of the Judgment: [Briefly describe the nature of the judgment, including the amount owed and the reason for the judgment.] In accordance with Rule [cite relevant rule numbers] of the Michigan Court Rules, I hereby request a second motion for examination of the judgment debtor, as the first motion did not yield satisfactory results. The purpose of this examination is to gather crucial information regarding the debtor's assets, income sources, and financial situation, to ensure the proper satisfaction of the judgment amount in a timely manner. I kindly request the court to schedule a hearing for the second motion for examination of the judgment debtor at the earliest possible convenience. It would greatly assist my efforts to recover the judgment amount if the court could assign a specific date and time for this hearing and notify all involved parties accordingly. Please find enclosed the necessary copies of all relevant documents, including the previous motion for examination, the judgment itself, and any additional supporting evidence. Should there be any further requirements or documents necessary to proceed, please inform me promptly, and I will ensure their submission in a timely manner. I appreciate the court's attention to this matter, and I am confident that, with your assistance, we can successfully resolve the outstanding judgment. If there are any updates or developments regarding this case, please do not hesitate to contact me at [Your Phone Number] or [Your Email Address]. Thank you for your attention to this important matter. I look forward to your prompt response. Sincerely, [Your Name]
Michigan Sample Letter for Second Motion for Examination of Judgment - Debtor
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FAQ
A creditor's examination, sometimes called a debtor examination or deposition in aid of execution, is a legal procedure that occurs during the debt collection process. In Michigan, it is a court-ordered examination that requires a debtor to provide information under oath about their financial situation.
You file a motion by completing the form and filing it with the same court that signed the default entry or default judgment. There is a $20 motion fee for filing a motion to set aside default.
If the defendant does not pay the judgment as ordered, you will have to collect your money through an execution against property or a garnishment. To get an execution against property or garnishment, you will first need to know: Where the defendant lives and works.
Under MCR 2.116(C)(7), the claim is barred because of ?release, payment, prior judgment, immunity granted by law, statute of limitations, statute of frauds, an agreement to arbitrate or to litigate in a different forum, infancy or other disability of the moving party, or assignment or other disposition of the claim ...
The process for setting aside default judgment You will need to make an application to the court regardless of whether consent is obtained, but seeking consent may mean that the claimant does not oppose the application, potentially reducing the costs of the application.
The court must set aside a default judgment if you: have paid the whole amount owed (including any interest and costs) before the date the creditor entered judgment; sent back the acknowledgment of service form within the time limit; put in a defence within the time limit; or.
If you have been charged and convicted of a crime such as retail fraud or another offense, there are times when you can file a Motion for Relief From Judgment. If you are successful with your case, it could result in the conviction being overturned and removed from your record.
If you are on the eviction list, go to Court immediately to ask for a ?stay.? A stay puts the judgment on hold temporarily until the judge can decide whether to remove the judgment from your case.
