B
bonne
Guest
Per Always Liable, I will try to shorten this 8 months of court appearances: I live in Michigan. I loaned $$ to a someone who did not attempt to pay. They signed a promisory note, that contained "simple fee and late fees, that I placed into effect months after the loan was given.(Better terms then a lending institute). They did not answer my inquiries and only paid a portion when threaten with court.
They did not respond for the remaining balance and I filed a small claims. Recieved judgment with transposed numbers. I did not question the judge about this, for he had threatened the defendant with 30 days. (Figured he was in a bad mood) The judge stated "You cannot collect late charges in the State of Michigan and your promissory note states it will be governed by the state of Michigan." But he gave me 1 late fee in the judgement.
I filed a motion to amend(the transposed amount) and all the judge said was "No to Motion." The defendant still did not pay the judgement and I garnished their wages. The defendant objected to the garnishment and showed the judge a deposit slip in the amount of judgement. (Something I did not know about). Judge ordered the defendant to produce a bank representative to prove $$ went into account.
Without my knowledge, the defendant entered a subpeona for my bank records. Bank rep appears in court without the defendant, and judge ask name, etc... Orders the bank rep and I into the hall "to try and reach an agreement."
Bank does not know what is going on and I tell them. "Judge wants proof that $$ was deposited into account." Bank cannot prove and leaves the building, without reappearing in front of judge.
I reappear in front of judge and told him that the bank rep has left the building. They could not prove the $$ was in account. Judge writes "Immediate writ" and hands me the file.I leave under the impression that this means the release of held garnishment from the employer.
Days later and not recieving court papers, I contact the court to find out that they did not know either. The clerks had questioned the judge and he stated that it was for the bank to "show cause." "The bank rep stated that they could prove $$ was in account."
THE REP WASN'T EVEN ASKED BY THE COURT! Now what do I do? During this time, I have submitted 4 months of bank statements and have appeared 7 times. I am going to appear for the 8th time on 1/23 because the defendant filed a "counter suit" for mental anguish..BLAH BLAH BLAH.
I was also under the impression that once a judgment is rendered the defendant loses their chance for claiming mental anguish..BLAH BLAH and cannot counter sue. What else can I do and does the defendant still have the right to counter sue a case were judgement has been given?
Can they also file in the county were the original suit took place or do they have to file it in the county were I live..now that I am the defendant. Michigan does dictate that a person must file in the county of the defendant or were the incident ocurred. What can I do about the new boogus claim? I travel further, lost hours at work are greater and I know I make more.
By the way, I have turned this judge into the Judicial Tenure and recieved a reply of investigation.
[Edited by bonne on 01-20-2001 at 10:59 AM]
They did not respond for the remaining balance and I filed a small claims. Recieved judgment with transposed numbers. I did not question the judge about this, for he had threatened the defendant with 30 days. (Figured he was in a bad mood) The judge stated "You cannot collect late charges in the State of Michigan and your promissory note states it will be governed by the state of Michigan." But he gave me 1 late fee in the judgement.
I filed a motion to amend(the transposed amount) and all the judge said was "No to Motion." The defendant still did not pay the judgement and I garnished their wages. The defendant objected to the garnishment and showed the judge a deposit slip in the amount of judgement. (Something I did not know about). Judge ordered the defendant to produce a bank representative to prove $$ went into account.
Without my knowledge, the defendant entered a subpeona for my bank records. Bank rep appears in court without the defendant, and judge ask name, etc... Orders the bank rep and I into the hall "to try and reach an agreement."
Bank does not know what is going on and I tell them. "Judge wants proof that $$ was deposited into account." Bank cannot prove and leaves the building, without reappearing in front of judge.
I reappear in front of judge and told him that the bank rep has left the building. They could not prove the $$ was in account. Judge writes "Immediate writ" and hands me the file.I leave under the impression that this means the release of held garnishment from the employer.
Days later and not recieving court papers, I contact the court to find out that they did not know either. The clerks had questioned the judge and he stated that it was for the bank to "show cause." "The bank rep stated that they could prove $$ was in account."
THE REP WASN'T EVEN ASKED BY THE COURT! Now what do I do? During this time, I have submitted 4 months of bank statements and have appeared 7 times. I am going to appear for the 8th time on 1/23 because the defendant filed a "counter suit" for mental anguish..BLAH BLAH BLAH.
I was also under the impression that once a judgment is rendered the defendant loses their chance for claiming mental anguish..BLAH BLAH and cannot counter sue. What else can I do and does the defendant still have the right to counter sue a case were judgement has been given?
Can they also file in the county were the original suit took place or do they have to file it in the county were I live..now that I am the defendant. Michigan does dictate that a person must file in the county of the defendant or were the incident ocurred. What can I do about the new boogus claim? I travel further, lost hours at work are greater and I know I make more.
By the way, I have turned this judge into the Judicial Tenure and recieved a reply of investigation.
[Edited by bonne on 01-20-2001 at 10:59 AM]