Legal Question in Appeals and Writs in Michigan

Writ Against Department of Justice for Holding Funds

Scenario:

1) I paid money for medical treatment to a company

2) FDA seized all records, assets, and materials of company (including the money I paid for treatment)

3) Company fled the country to Europe

4) FDA handed money over to Department of Justice

5) D of J refused to return money to patients because, although they seized all the company's money, the money was not surrendered by the company therefore the money still remain's an asset of the original company (although it is in the possession of the D of J)

6) I file a lawsuit against the medical company and obtain a default judgment (since they fled the country)

7) Since the money the D of J seized is still an asset of the medical company I sued, I wish to get some sort of court order against the D of J to force them to release a portion of the money to me given that I now have a judgment against the company whose assets they are holding and therefore have a legal right to that money.

8) D of J still does not wish to hand over the money despite me having the judgment which would give them the legal ability to hand over the money

Can I still get the money they are holding and how?

1 Answer from Attorneys

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