Legal Question in Civil Litigation in Michigan

I missed a court hearing for a summary of disposition yesterday as I had the time mixed up with the hearing that was cancelled. I was devastated and try to call right away an hour after the time but got no where. To make a long story short we had a loan that we couldn't pay as my husband lost his job last March but we had involuntary employment insurance that paid most of the loan but all of a sudden the insurance company cancelled the policy for some reason and only paid $1200 of the $2700 that was still owed. I had all my paperwork to show them this and missed the time which was the stupidist thing ever I am so embarrassed. I even had the afternoon off work to go and went at the wrong time. The clerks office in Muskegon County told me they entered a judgement for the $2700. My question is can they enter a judgement for more then what the contract says that we owe. Plus can they cancel the insurance on your behalf it just doesn't seem right. PLEASE advise me and what I should do at the point. Thank you so much.

Diane Wiggers


Asked on 12/18/09, 6:06 am

1 Answer from Attorneys
William Stern William Stern, P.C.

I'm not sure if I understand your question. Assuming that the contract on which you owe the money is separate from the insurance that was paying, the person or company suing you would be entitled to their judgment, minus what was already paid. If you did not get credit for what was already paid, and the judgment is for too much, then make a motion for rehearing, explain why you missed the hearing and why it is unjust that a judgment was entered against you for more than you owe. At the same time, motion to bring the insurance company into the case and have the whole thing determined at the same time. William S. Stern

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Answered on 12/23/09, 8:51 am


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