Legal Question in Credit and Debt Law in Michigan
If my signature was forged on a proof of service document for a summons, can I use this as a defense in court?
I was served papers by MRC Receivables three years ago without my knowledge. Accordingly a default judgement was brought against me three years ago, but I did not realize it until a month ago when they started garnishing my wages. The judgment is for a credit card debt. I went to the court to check my file for proof of service and found that my signature was forged. I was never personally given any summons, but the paper says I was personally given a copy and shows that I signed for it. I did not sign anything and no one ever served me. It is not my signature, so I have filed papers with the court to reopen the case. Is the fact that someone forged my signature a proper defense to get the case thrown out or decided in my favor?
Also, I filed an objection to garnishment paper with the courts. I have to go to a garnishment hearing next week. I did not receive papers in the mail about the garnishment until after they started garnishing me, so I did not have time to object to it. Will this be an effective defense against garnishment. I want the company to validate the debt, but at this time its too late unless I can have the case thrown out. Please advise what I should say in the garnishment hearing and also if forged summons is a good enough defense to have the case thrown out.
1 Answer from Attorneys
Forged proofs of service should be a basis to set aside orders that follow from the forgery and the case dismissed. The creditor should be forced to start over with their filings. You also have a federal case against the creditor for their illegal collection efforts, which can be used as leverage in negotiations.
At the garnishment hearing you should say that you want the order set aside and case thrown out because of the forged signature. You should tell the judge that they should have to refile and you want them to properly serve you so that you have an opportunity to find legal counsel and properly defend against this unscrupulous creditor.
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