Legal Question in Civil Litigation in Michigan

I won a small claims judgment a few years back. I wanted to do a garnishment, but the defendant did not show up for the discovery. They issued a bench warrant for his arrest, but he has moved out of state. Since I have a judgment can I legally pursue getting the defendant's social security number for an irs garnishment. What other means can I use to get my money if he will not show up for discovery hearings.


Asked on 1/26/10, 11:27 am

1 Answer from Attorneys
Stuart Collis Collis, Griffor & Hendra, PC

The problem with small claims is that you cannot ever get an attorney's assistance. I always strongly advise people to avoid the small claims division of the civil court because of that. In any event, you can never garnish a federal return. If he is out of state and has no assets in the state, you will need to get your judgment certified and entered in the state where he now resides and try to execute on your remedies in that state.

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Answered on 2/02/10, 2:48 pm


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