Legal Question in Civil Litigation in Michigan
I am a Michigan resident and I am attempting to file a suit against a family member who fraudulently used my credit card. I have in the past given her permission to use it for things like when her gas , phone, or electricity was shut off but never recieved any payment. Recently she used it to charge nearly $4,000 without my permission. I have made a complaint to the local police but they claim that since I had previously allowed her to use the card that I would have to take this to civil court. I think thats crazy but here I am . How do I file a claim in civil court for all of the money . She obviously has little chance of haveing that money but can I get a lein on her house or alimony or someway to make sure she doesn't slip through this process.
2 Answers from Attorneys
Before you get a lien, you have to get a judgment and before you get a judgment, you have to file a suit and win on your claim. To do that, you need a summons and complaint to be completed. However, the legal system is not something to be trifled with. To have your interest properly represented, you should hire an attorney. http://www.wolverinelaw.com
Attorney Collins is correct.
You have , of course, retrieved your card or canceled it. I'm guessing that 1. you have no written agreement requiring repayment 2. She has no job or any personal property worth anything 3. She already has at least one mortgage and other liens on her house which is currently worth a lot less than she owes 4. She is prepared to claim that your loans were gifts or she actually has repaid you and you have no evidence to the contrary.
The police are correct. Michigan residents don't pay taxes to salvage your financial mistakes.
If you do get to lien on her realty, you can only get paid when she sells at a price above the total of other liens. Plus, if you sue her, the remainder of your family will take sides - usually not against her. Forget about her alimony.
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