Is Travel required / can it be done by mail or other means?

[Jendor]

A personal loan to someone who is now very much an ex friend was made last year. The person I am looking to file a small claims case on resides in the state in the state of Michigan.

Am I understanding things correctly, that in filing paperwork, I should file within the state that defendant resides, in this case, Michigan. I'd have to do it by mail as I live several thousand miles away.

I've been reading and trying to make sense of these forms on:
Small Claims Self Help

Is there a way to proceed via mail without my being required to travel? If I am required to travel, can I add on travel expenses to appear in court?

I will gladly provide additional details, and any further questions I may have. Thank you.

 

[Zigner]

You'll need to appear. See Small Claims Self Help

And, no, you can't recover your travel expenses through the court.

 

[Jendor]

Do I absolutely have to file a claim within the state of MI, or could I file in my own, requiring defendant to have to travel?

 

[Proserpina]

Do I absolutely have to file a claim within the state of MI, or could I file in my own, requiring defendant to have to travel?

Nope. You need to file in MI.

Your state has no jurisdiction over the defendant.

Unfortunately the reality is that even when the plaintiff wins, the majority of small claims judgments are not collectable; it becomes a question of whether it's actually worth your time and money to get a judgment that will just sit there doing nothing.

 

[Jendor]

That was actually along the lines of my next question-

With a judgment, because the people I intend to collect on are deadbeats, what would it take to have their wages garnished, or is that even possible in a civil small claims type of case?

 

[Proserpina]

That was actually along the lines of my next question-

With a judgment, because the people I intend to collect on are deadbeats, what would it take to have their wages garnished, or is that even possible in a civil small claims type of case?

You will need a writ of garnishment (some states will issue them as a matter of course upon the judgment being awarded - I haven't checked MI in that aspect).

This is what Michigan allows:

Federal statute limits withhold up to 25% of disposable earnings per week, unless the debtor's earnings are at or near the minimum wage, 15 USC 1673, in which case no withholding is allowed.

Time Limit: Garnishment writ expires 91 days after issuance, MCR 3.101(B)(1)(a)(ii). A new writ must then be issued and served.

Stay of Wage Garnishment: Courts may grant the debtor an "installment payment order," MCL 600.6201, MCR 3. 104(A), which bars wage garnishment, provided that the debtor pays as required by the order. Such an order does not prevent garnishment of bank accounts or income tax refunds. MCL 600.6245, MCR 3.101(N). Some courts nevertheless do not allow any garnishment while an installment payment order is in effect.

(This is from a quick google)

 

[Jendor]

I'm GUESSING person is at or below minimum wage. The reasoning for the loan is rather ironic, but not something to post in a public forum. (If PM function on these forums is enabled, shoot me one and I'll let you know in private).

If that is the case where person is at or below minimum and no wages were garnished, would their be any consequence to defendant for having judgment against 'em? If cost of travel to the court and such exceeded amount of what I am owed, it becomes a matter of principle, so even if I didn't see my money again, it would almost be worth it to me if legal reproach one way or another came that persons way.

 

[Proserpina]

I'm GUESSING person is at or below minimum wage. The reasoning for the loan is rather ironic, but not something to post in a public forum. (If PM function on these forums is enabled, shoot me one and I'll let you know in private).

If that is the case where person is at or below minimum and no wages were garnished, would their be any consequence to defendant for having judgment against 'em? If cost of travel to the court and such exceeded amount of what I am owed, it becomes a matter of principle, so even if I didn't see my money again, it would almost be worth it to me if legal reproach one way or another came that persons way.

Lousy credit and all that comes with it - that's about it, really.

If the person is already a deadbeat, one more debt isn't likely to change his/her life in any meaningful way.

 

[Jendor]

THANK YOU so much for your advice in this thread.

In that case, definitely not worth it then. Back when I thought the individual and I were friends, the question of "credit ratings" had come up, and I know pretty much for fact they don't care about their credit.

It looks like it is time for a new plan of action and to learn from lesson of never loaning money to a "friend"

 

[Proserpina]

THANK YOU so much for your advice in this thread.

In that case, definitely not worth it then. Back when I thought the individual and I were friends, the question of "credit ratings" had come up, and I know pretty much for fact they don't care about their credit.

It looks like it is time for a new plan of action and to learn from lesson of never loaning money to a "friend"

You're very welcome.

And unfortunately I do think you're right. This is an expensive lesson for you, but I have little doubt that it's a lesson you won't repeat in the future.

Good luck!

Edit: I did a bit of looking and had an afterthought. If the person is young - and you think they might eventually get a higher paying job or obtain assets - it might (depending on the loan amount) be worth looking into.

Your initial judgment would last 10 years in Michigan, and can be renewed.

Take a look here:

http://courts.michigan.gov/scao/selfhelp/collection/collect_help.htm

 

[Jendor]

The person is married to an umemployed drug addict and in their 40's. Their house - in one of the parents names, and the 2010 assessed value on the home is under $30,000 currently, around half the value of what the parents of these losers bought the house for. I can at least take solace in that my life is much better off without them in my life. Already unfriended one another on Facebook some time ago.

 

[Proserpina]

The person is married to an umemployed drug addict and in their 40's. Their house - in one of the parents names, and the 2010 assessed value on the home is under $30,000 currently, around half the value of what the parents of these losers bought the house for. I can at least take solace in that my life is much better off without them in my life. Already unfriended one another on Facebook some time ago.

Oh, snap.

That does sound like something of a career deadbeat.

I'm sorry.

 

[Ohiogal]

Nope. You need to file in MI.

Your state has no jurisdiction over the defendant.

Unfortunately the reality is that even when the plaintiff wins, the majority of small claims judgments are not collectable; it becomes a question of whether it's actually worth your time and money to get a judgment that will just sit there doing nothing.

Actually if it took place in HIS state then he could make the defendant travel.