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.
1 Answer from Attorneys
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.