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CalAttorney2
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Experience:  Civil litigation attorney for individuals and businesses.
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I have to challenge a default judgement made against me. It

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I have to challenge a default judgement made against me. It was default because I never showed up in court because I was unaware, particularly because I believe I was not properly notified of it. This is in the state of Michigan. What is the proper way of notifying an individual of it?

On the Objection to Garnishment form it asks for the Garnishee's name and address which is the institution I would be garnished through. However, they have 3 of this active (active in 3 different institutions). If I win one, will it null and void the others? Or do I have to file one for each, or should I go about this differently?

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. I would like to assist you with your legal question today.

William B. Esq. :

You say that you are going to challenge a default judgment. Have you filed your opposition to the default yet? This is the motion you file in court to challenge the entry of judgment as opposed to checking the box and returning it on the garnishment order. You can learn more about the motion to set aside here: http://michiganlegalhelp.org/self-help-tools/consumer/setting-aside-default-or-default-judgment-collection-cases#getting-a-default-set-aside

William B. Esq. :

The proper objections to a garnishment order can be found below:


Objecting to a Garnishment

If you have been served with a writ of garnishment and object to the writ, you may file an

objection with the court using form MC 49, Objections to Garnishment and Notice of

Hearing. Objections must be based on the one or more of the following:

l

the funds or property are exempt from garnishment by law.

l

garnishment is precluded by the pendency of bankruptcy proceedings

l

garnishment is barred by an installment payment order.

l

garnishment is precluded because the maximum amount permitted by law is being

withheld pursuant to a higher priority garnishment or order.

l

the judgment has been paid.

l

the garnishment was not properly issued or is otherwise invalid.
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