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Sued from 1800 miles away - no recourse?

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bombria

Guest
What is the name of your state? Louisiana

Suit filed against us for $700+ in small claims in Michigan. We have no means to appear, but the court will not allow us to "appear" by affadavit or anything. Default judment will ensue. What can we do?
 
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I AM ALWAYS LIABLE

Senior Member
bombria said:
What is the name of your state? Louisiana

Suit filed against us for $700+ in small claims in Michigan. We have no means to appear, but the court will not allow us to "appear" by affadavit or anything. Default judment will ensue. What can we do?

My response:

With that little amount of information, there's nothing you can do.

IAAL
 
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bombria

Guest
What further info can we give? I didn't think the details of the case mattered as what we need to do is present our case to the court, which they are not giving us an opportunity to do. ANyway, they are claiming that we did not pay them for child care when they were paid in cash. It can be established by affadavit/testimony of others that the "norm" for payment has always been cash.
 

I AM ALWAYS LIABLE

Senior Member
bombria said:
What further info can we give? I didn't think the details of the case mattered as what we need to do is present our case to the court, which they are not giving us an opportunity to do. ANyway, they are claiming that we did not pay them for child care when they were paid in cash. It can be established by affadavit/testimony of others that the "norm" for payment has always been cash.

My response:

So, this is some sort of contract case, correct?

What is your relationship to the State of Michigan? Was the contract made there? Do you own property there? In other words, why would the State of Michigan have jurisdiction over you?

Look, I appreciate your "economy of words", but being too brief can be just as extreme. We need more clues to your situation.

Now, just don't go overboard with telling your story. Just keep it to the facts, and none of the emotion.

IAAL
 
B

bombria

Guest
The money was paid by the State of Michigan in a check made out to the defendant (my fiancee). The agency was FIA. Some kind of Michigan social program. Since the checks were always made out to her, she would cash them and give the cash to the caregiver. The caregiver is now claiming that she did not get cash for the last two payment periods. The plaintiff is doing this because she is mad over some petty issue. No property is owned in MI, but I was under the assumption that a default judgment would give her the power to pursue collecting on the judgment through wage attachment or seizure of IRS refunds, etc., regardless of what state we are in.
 

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