Michigan Sample Letter for Second Motion for Examination of Judgment - Debtor
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How to fill out 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.
