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SOL Michigan Judgement

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Evil1980
Valued Member

SOL Michigan Judgement

I was given a Request and Writ for Garnishment of Income Tax from a lawyer that tried quite a few years ago and I am not quite sure what to do. I had a credit account with Dell  back in 2008 that served me the same paper in Arizona. The date was on August of 2008 for an amount of $3000 with the state of Arizona. I lost my job and moved back to Michigan within a year of that happening. Now I get served a letter in the mail in October of 2016 showing that the unsatisfied judgement is for the amount of $6000 and filed with my local county in the state of Michigan. The request shows the original date for the original amount plus interest along with the current date which shows more than 8 years since have gone by. Is there a way to fight this with the local court or should I ignore it? It shows I only have 14 days after being served to file objections with the court. First I never received this item from an intercept it was mailed to my parent’s house from where I opened the account. I have not lived there in over 15 years. It also states that if I do not object within 14 days it will be applied to the judge ment within 28 days after the disclosure was file with the court. It was filed with the court on 10/18 and I my parents received it on 11/15. Do these addresses have an effect on the matter? Also can they legally do this? Does the state of Michigan of SOL limitations that would not allow this to happen since it was 8 years ago. Please advise on how this should be handled.

2 REPLIES 2
RobertEG
Legendary Contributor

Re: SOL Michigan Judgement

As I understand the scenario, they filed a civil action in your then state of residence (Arizona) and obtained a default judgment.

You moved to another state, and never responded or replied to the civil complaint filed in Arizona?

They have now "domesticated" the judgment obtained in Arizona (i.e., requested the judgment also be made enforceable in your current state) by filing a copy with the court in your current state of residence (Michigan)?

 

You are asking whether the judgment rendered in Arizona is enforceable, and whether you had adequate notice of that filing?

Message 2 of 3
Evil1980
Valued Member

Re: SOL Michigan Judgement

I believe I was given this back in AZ but I am not quite 100% sure. I just pulled the case number through the court and it filed and held back in November of 2012 on the same day. Then every year since it has Garnishments issued for income tax and papers to atty for service filed on the same day but nothing has happened. Is there a way to fight this item to be closed and done or will it continue. I have not paid a cent to this date and it is not in any of my CRs. What should I do?

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