Does the Judge make a decision in civil court on a money loan?

[Tracy008]

What is the name of your state (only U.S. law)? Michigan

A family member borrowed a large amount of money, and i was told to file the civil suit in the city in which it was done in. A trial date has been set. My question is, Does the Judge make his final decision on how this money is to be paid back? He did state he could get most of my money back, as I have the persons signature on the note.

Please advise!!!

 

[sandyclaus]

What is the name of your state (only U.S. law)? Michigan

A family member borrowed a large amount of money, and i was told to file the civil suit in the city in which it was done in. A trial date has been set. My question is, Does the Judge make his final decision on how this money is to be paid back? He did state he could get most of my money back, as I have the persons signature on the note.

Please advise!!!

The judge hears both sides and determines whether or not all of the elements of a loan exist, and will issue a judgment accordingly.

It's important to note that the judge only issues a decision on whether or not the money is owed. If they determine that it is, they don't get your money back for you. They don't get your money back. All they do is issue a judgement in your favor. It's still up to YOU to actually collect the money from the judgment debtor (your family member).

Understand also that despite the amount of money that is allegedly owed, the Small Claims courts in Michigan can award only amounts up to $5,000 (plus filing fees and court costs). If the debt is more than that, then you would need to file in a higher court to seek a judgment.

 

[Tracy008]

Collecting Money AFTER Judgement

What is the name of your state (only U.S. law)? Michigan

A family member borrowed a large amount of money, and i was told to file the civil suit in the city in which it was done in. A trial date has been set. My question is, Does the Judge make his final decision on how this money is to be paid back? He did state he could get most of my money back, as I have the persons signature on the note.

Please advise!!!

Ok.....Thank you...Now what do i need to do to collect my money after Judgement???? **************Trial is coming up soon....

 

[sandyclaus]

Ok.....Thank you...Now what do i need to do to collect my money after Judgement???? **************Trial is coming up soon....

Generally, you can use wage garnishment, levy and seizure of bank accounts and major assets, including vehicles and real estate.

Here is a link to a Michigan courts site that describes the process, what you can do, and how to use the options:
https://www.oakgov.com/courts/dc52div3/Documents/civil/small_claims/DCI84_Collecting_Your_Money_from_a_Small_Claims_Judgment_10-12.pdf