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I missed a court date in Michigan, how do I get another date?

Westland, MI |

I entered into a settlement agreement for an old credit card debt, made my payments on time, but missed a court date and I called the creditor (2 days later) to make arrangements but was told they were moving ahead with garnishment and that I'd have to go back through the court to stop it.
How do I do next?

Thanks for replying Kenneth. I had already set up payments and the court was reviewing the payment schedule every six months, this was the second appearance (1 year) for this and that is the court date I missed. Like I stated, the payments have all been made and on time up to this point. I contacted the attorney's but they stated that they were going ahead with the garnishment and that I would have to "go back to court" to stop this process. My question is this: What is it that I'll have to do or tell the court?

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Attorney answers 1

Posted

What sort of court date did you miss?

If there is a judgment against you, you need to petition the court for installment payments. There are SCAO forms for doing so that are pretty much fill in the blank. You will need to show your income and expenses so be ready with all that information.

If there is just a 'default' filed, you may be able to set aside the default with a showing of a valid defense and excusable neglect as to why you didn't show up for the hearing (hospitalization/transportation breakdown/death in the family?) If you owe the money that may be difficult. This is more difficult to succeed with and I'd strongly recommend you get an attorney to help you file the correct paperwork!

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