Legal Question in Credit and Debt Law in Michigan

Motion for Possession - this Monday

I was engaged to a man who ended up putting me into over $35,000 debt. I never married him and tried numerous times to give him his possessions back which were in my house within the first 6 months. He didn't take them and it is now a year and a half later and has decided to take me to court to get them. I know I will never get any money out of this person for the debt he has left me in and the ''possessions'' of his at my house are not much consolation but they are 'something'. If I show his previous intent to pay half this debt, will I need to give up these possesions? What does the law state in this siutation? Also, do I have to countersue to have my voice and paperwork heard in court in regard to the debt I have incurred? I would prefer not to countersue, keep the stuff and just make him go away. Help?!


Asked on 2/17/04, 12:11 pm

2 Answers from Attorneys

Janet Ziulkowski Ziulkowski & Associates, P.L.C.

Re: Motion for Possession - this Monday

Depending on the facts and circumstances you may be required to give up these possessions regardiless of his previous intent.

Generally, a defendant has 21 days after the date in which he/she was served with a complaint to file and answer (28 days if the defendant is served via certified mail) and to file a counter-claim. If the defendant does not file an answer, a default judgment may be entered against him/her for the relief the plaintiff has requested.

If you would like to talk about this in further detail, I would be glad to discuss it with you. Call me at 586-979-7302. good luck

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Answered on 2/17/04, 12:51 pm
Regina Mullen Legal Data Services, PLC

Re: Motion for Possession - this Monday

You're not entitled to engage in this type of "self-help."

In fact, you HAVE to bring up and prove his obligations to you in court and in this case. If you don't, you might lose the chance to bring it up later, -- there is a court rule that says that parties are supposed to resolve as many as their differences in court at one time as they reasonably can.

That being said, however, that's a LOT of debt. You can ask the court to award you items of value to make up for the fact that you're stuck witht he debt and have no chance of getting it from him. You can't do it yourself, but you can ask the Court to do it for you.

If he filed a simple Claim & Delivery in district court, you might want (if you haven't given up the opportunity), to remove the case to Circuit Court and assert your right to payment on the debt.

Since you weren't married, all you have is the right to sue.

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Answered on 2/17/04, 6:34 pm


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