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Small claims in MICHIGAN

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M

Master K

Guest
Hey I put my state in here this time, please reply if there needs to be any more info to get any help.

First I'm going to list a summary of my case, followed by a couple questions.
On 5/07/99, The accident occurred on Sliver Pkwy, in Michigan. In which Erin Reid was in Fault.
The first thing I asked Erin after I got out of my car was "Are you ok?"
The first thing she said was “What did you do?”
Ofc Reynolds took the report, after he informed Erin that she was at fault, she started arguing that I hit her.
On 5/08/99, I got 2 or 3 damage reports. One at Williamson's Body Shop, and one at Al Serra Chevy.
On 5/18/99, Geico Direct sent me a letter informing me that the vehicle Erin was driving had no Insurance.
Sometime there after, I contacted Erin Reid at XXX-XXXX. I told her about the letter, I received from Geico, I also told her about my $1000 deductible. She told me she would have her father return my call. He never returned my call.
On 7/21/99, I filed an Affidavit and Claim and paid $32.00.
Sometime there after, I contacted Daniel & Nicolai process servers to locate and serve Erin Reid.
On 8/23/99, I paid process server $42.
On 8/23/99, the case went to court. Erin again tried saying it was my fault. Judgment for the Plaintiff, which is me.
It was ordered that Erin pays me a Total of $653, $100 monthly starting 9/20/99.
On 10/25/99, Erin has missed 2 payments so far.
On 10/25/99, I filed a Motion to set aside order for installment payments.
On 10/25/99, I filed a Discovery Subpoena and paid $15.
The court said they would send a copy of the Motion to set aside order for installment payments by mail.
Sometime there after, I had the process server serve Erin the Discovery Subpoena.
On 11/1/99, I paid process server $35.
Some time there after, the process server informed me she had moved from that address.
He tried another address that I gave him that was on Erin’s license. It was a vacant house.
He did a postal, was informed that she was receiving mail at the first address,
and who ever answered the door lied to him about her moving out, when he had gone there.
He sent the subpoena via certified mail. I got another bill for $36. On 12/06/99 and paid it on 12/13/99.
On 11/12/99, Erin filed a Notice of hearing and motion, With the address that she susposeably moved from.
On 11/13/99, I received a copy of the Notice of hearing and motion from Erin, with the first payment.
The first Payment was almost 3 months late, (2 months and 23 days to be exact).
In her motion she said I would receive the second payment by 11/22/99.
I received the second payment on 11/23/99, 1 day after she said I would get it in her Motion.
The second payment was 1 month and 3 days late.
Erin’s motion said I would receive the third payment the next week, the week of 11/28/99 to 12/04/99.
On 12/12/99, I received the third and forth payments via certified mail. Erin’s motion was off by 9 to 16 days on the third payment. That payment was 23 days late. Erin was now up to date on payments.
On 12/14/99, The hearing for the Motion to set aside order for installment payments, Discovery Subpoena, and Erin’s Notice of hearing and motion took place. The judge asked Erin if she had brought any thing I listed on the Discovery Subpoena, when she replied no, the judge questioned her why, she said I dunno. That was the end of it, he didn’t do anything about it. He sent Erin and me to a small room to talk. I told her she was all caught up on payments and there wouldn’t be a problem if it stayed that way. When we went back into the courtroom, before the judge, I explained that as long as she continues to pay on time there would be no problem. I brought up that the original judgment was $653. $600 was for the deductible, $32 was or the court cost, and $21 was for the process server. I told the judge that I had a receipt for the Discovery Subpoena for $15, 3 receipts for the process server, one for $42, another for $35, and one for $36. I told him that I would like all extra $107 of charges added to the judgment. He told me that there was a procedure for doing that and he couldn’t tell me what it was. I told the court clerks about it and asked if there was a form I had to fill out or something and they told me that they weren’t allowed to tell me.
On 02/22/00, I filed a Motion to set aside order for installment payments again; Erin was again two months behind in payments. I also filed another Discovery Subpoena and paid the bill for $15 on 02/22/00.
On 02/25/00, I received a bill from the process server for $35; I paid it on 2/29/00.
On 02/26/00, I received the fifth payment in the mail; it was I month and 6 days late. I held the envelope up to the light to see that it was only the fifth payment for $100 in there, on a check dated 12/28/99. I haven’t opened the letter yet.
On 03/20/00, I received the Sixth payment; it was 1 month late. She now only owes me $53 according to the judgment.
And now for the questions:
1. The Defendant didn't bring any of the things listed on the Discovery Subpoena to the hearing. The judge questioned her why, but she just said I dunno. It seems to me that she broke some law by not bringing anything listed on the subpoena, but the judge did nothing about it. What could he of done? Is what she did illegal? What can I do about it?
2. This is the important question. I really need to know this one. The original judgment was $653. $600 was for the deductible, $32 was or the court cost, and $21 was for the process server. I have 2 Discovery Subpoena receipts, both for $15, 4 receipts for the process server, one for $42, another for $35, another for $36, and another for $35. I would like all extra $157 of charges added to the judgment. I can't figure out how to go about getting this done. I asked the judge, he told me that he couldn't tell me, but there is a procedure for doing that. The court clerk couldn't help me. I am asking you now; my case goes back to court on 03/28/00. Today is 03/20/00. If you cannot tell me how to do this, please tell me how to figure it out or who to ask that can tell me. Is there a legal way or form that I have to fill out?
Update:
On 03/20/00, I spoke to a court clerk, I again asked if there is a procedure to getting reimbursed for the costs I have receipts for. She told me that they are called Post Judgment costs, and when I fill out a garnishment or something I add them in on there.
Is this what I need to do? Is this like a wage garnishment? What if she doesn’t have a job?
Thank you for any and all help in advance, it is very very much appreciated.
 


zippysgoddess

Senior Member
If you want responses, break it up a little, use paragraphs, some white space, ANYTHING. It is very hard to read the jumbled mess that you posted all cluttered together like that and the best experts on the boards will not take the time to plow through it and give you an answer.

Keep it short, leave white space for easier reading, leave out any unnecessary facts and ask your relevant questions!
 

zippysgoddess

Senior Member
On a further question, why are you posting now, in 2006 about something that, by your last listed date was in 1999/2000? Most likely the SOL has passed by now for any other action and you are out of luck and can only recover the amount remaining on the judgement that was already in place.
 

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