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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33166
Experience:  JD, BBA Over 25 years legal and business experience.
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A judgment was filed against me on 4/25/13. Due to a death

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A judgment was filed against me on 4/25/13. Due to a death in family, my boy killed himself, I failed to appear in court and did not respond to the summons. The problem is, the judgment was for old medical bills that I repeatedly asked the collectors for details and never received itemized invoices etc. What do I need to do to have this judgment set aside?

Hello and welcome.

I am so sorry to hear of the loss of your son. My sincere condolences to you.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am working on your answer now and will post it here shortly. Thank you for your patience while I prepare your answer.

Customer: replied 3 years ago.


Thank-you. I do not want this to go to my employer as a garnishment. I don't want to pay for something without the details. The document I recieved is dated 4/25/2013 and says it will be final, unless in 21 days a motion to set aside default is filed. I am not in a state of mind to deal with this right now. please help me.

Hello again, Sybel. The following provides the grounds and a form you should complete and file with the court in order to prevent a garnishment.

Pursuant to MCR 2.612(C)(1), a party may be relieved from a final judgment, order, or proceeding on any of the following grounds:

(a) Mistake, inadvertence, surprise, or excusable neglect.

Here is a link to a case which sets out this section of Michigan code:

http://statecasefiles.justia.com/documents/michigan/court-of-appeals-unpublished/20031125_C241249_32_241249.OPN.PDF

This would typically constitute the grounds on which you would file a motion to set aside the default judgment and your argument would be sound since your son passed away.

Here is a link to a form document used by MI courts to set aside a default:

http://courts.mi.gov/Administration/SCAO/Forms/courtforms/generalcivil/mc99.pdf

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina and 4 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Exactly what I needed. Thank-you for your quick response. The data, forms, instructions were easy to follow. The support precedent sent also will be a tremendous asset to my endeavor. Excellent advise and service. Thank you again.

You are very welcome, Sybel. I am happy to assist you. Please keep me in mind if you have legal questions in the future.

Good luck to you and take care!

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