Legal Question in Credit and Debt Law in Michigan

Judgment Filed in Wrong County Court

In 11/2003 I was served and signed a judgment filed from an attorney who represents a credit card company for my unpaid account. I thought it was some kind of trick because the court on the papers is in a neighboring county and city that I've never lived in.

I recently discoverd that my state income tax return is being held for garnishment because of this debt which is now a little over $2600.00

I've since gone to the court house and optained all information regarding this matter. A request/writ of garnishment was filed in Dec.2007. I never received an official copy of this so I wasn't able to respond within 14 days since I wasn't notified. I've changed address since the judgment was first filed and the collection attorney would have known this since she's been making recent inquiries on my credit reports.

Is there a possibility of having this judgment removed/vacated because of the errors with filing in the wrong city and county?

I spoke with an attorney not long ago who mentioned this is worth pursuing. I'm assuming it was worth his time because his fees are probably less than the total judgment amount (?). Recent communication with this attorney has been unreliable. Is this matter worth pursing? If yes, need atty in MI


Asked on 6/09/08, 1:53 am

1 Answer from Attorneys
Renee Walsh LawRefs Nonprofit

Re: Judgment Filed in Wrong County Court

You would need to find an attorney in the county of the judgment and garnishment in order to make it cost effective as you will be paying for mileage and attorney time in driving. You would file a motion on the judgment indicating your defenses which you have stated and which do sound persuasive.

If you have further questions or concerns, please contact me via my website at www.lawrefs.com.

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Answered on 6/09/08, 10:37 am


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