Legal Question in Civil Litigation in Michigan

I won a judgement in Small Claims Court and proceeded to have the defendant's wages garnished. A week later I received papers from an attorney representing the defendant asking that the case be removed from Small Claims and into the general civil division of the court.

I thought that when the judge asked each of us if we agreed ( which we did) to settle this in Small Claims that was the end of it.

The defendant is asking to make installment payments of $50.00 mo. on a $2,850.00 judgement. This would take over 4 years to collect (not including interest).

Is this really a possibility? Any advise would be appreciated. Court is in one week.


Asked on 5/07/12, 7:30 pm

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

Perhaps the request is just to allow the judge to rule on the Motion for Installment Payments. You can tell the judge what you feel is a fair payment plan. The judge will then make the ultimate decision. If the defendant fails to abide by the plan, the original judgment is reinstated minus credit for amounts paid.

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Answered on 5/08/12, 3:36 am


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