Legal Question in Credit and Debt Law in Michigan
Judgement follow-up delay
Hello
My bank account was garnished. I appealed and was denied. I appealed using the MICHIGAN law that unemployment can not be garnished. The judge was hesitant in her interpretation of the law, but she awarded me HALF of the money to be returned AND then a payment arrangement of $25/month for 6 months. As I left court the clerk and attny told me that the paperwork would be sent to me in the mail.
THAT WAS ON MAY 30!
How long do I have to wait ? I have NO paperwork...I don't even know WHEN the payment plan is suppose to start...AND THEY STILL HAVE THE MONEY the judge ordered for them to give back.
The garnishment didn't take them that long to process. They had MY unemployment money out of my bank account with in a few days.
Now that it's their turn to return some of the money...
I feel this is so unfair. What rights do I have. I have called the collection agency and law firm...I get the run around.
I called the court and the clerk I spoke with called the law firm and got the ''we'll call her'' speech. I've gotten no such phone call.
It's June 25 and I have nothing to show for the court decision on May 30. Please advise what my next step should be.
Thank you for your time
2 Answers from Attorneys
Re: Judgement follow-up delay
File a motion for immediate entry of judgment/order- appeal the order and go from there.
If you need to hite an attorney contact us we can handle the matter on a cost justified basis
Re: Judgement follow-up delay
The judge is arguably correct. Unemployment is not garnishable from the Unemployment Agency, but it may be garnishable once it becomes a bank deposit. If it is directly deposited, you have a better argument, but it's a moot issue since the judge has already made a ruling. That's why it's a good idea to have an attorney. Attorneys generally get better results, because we know the law and how to argue it.
The delay may be because the bank does not actually disburse the funds to the plaintiff until 28 days have elapsed.
The court's response is curious to me because I have never seen a court take the action you describe. It is up to you to get down to the court and fill out an order for installment payments and get it signed by the judge if the judge made notes of her ruling for your court file. Since it's been so long, the judge may not sign it and it may need to be entered under the 7-day rule. The details about when payments should start and how much are usually determined at the hearing. The judge also decides at the hearing who should prepare the appropriate orders. You may need to file a motion to enforce the court's order(s).
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