I received garnishment papers from my employer but I was never served papers to even go to court on this matter and a default judgement was entered I had been informed to object to the garnishment and file a motion to set a side the default. I also was told by a court representative that it says I was physically served papers by midland funding of michigan but I have never been served papers
You must file an Objection to garnishment within 14 days of receiving notice. The court will set the matter for hearing. The garnishment will continue, but the employer would hold the funds until the court determines whether to release them to the Creditor or back to you. I recommend you also file a Motion for Installment payments at the same time, to limit the amount paid. But make sure you keep up with the voluntary payments, or the Creditor can move to re-instate the garnishment.
Technically a Motion to Set Aside Default Judgment must be filed within 21 days of the Judgment. You are past that period. (I know this because a garnishment was issued.) If you were not served, you need to file a Motion for Relief from Order; a different Court Rule. You may want to consult with an attorney how to best handle the situation.
I suggest that you will be best served by objecting to the garnishment, and seeing an attorney. You are running uphill. An installment order might be a better option if you indeed own the debt claimed as otherwise all you are doing is delaying the inevitable.
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Alas.. this is a somewhat typical situation with old debts. First you must object to the garnishment within 14 days of being served the garnishment papers... then you must try to set aside the default judgment. "Midland Funding" sounds like a debt buyer .. so it probably purchased and old credit card debt or something .. and sued you on it quite a while ago (actually since its a judgment they could have served you up to 10 years ago and you simply forgot -- judgments are good for 10 years and they can be renewed ). Please go to the courthouse and review the file -- if you do not have a valid defense to the judgment you have only 1 year from the date of a default judgment to challenge it. (If you have a valid defense then its up to the court's discretion ..) Get an attorney ...
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With the way debts are bought and sold, it is unfortunately common to receive phone calls, letters, even summons from creditors you never dealt with. When being garnished you have 4 options.
Work out a settlement with the creditor
Seek relief from the judgment or order. Unfortunately not being properly served is not grounds enough, in Michigan to set aside an old judgment. You, specifically an attorney, must successfully argue and prove that if you had been properly served, there are sufficient grounds to show you would have prevailed. Clients often come to me with stolen identities only after a default judgment is entered, for example. We recently had a pretty big one where a major bank wrote up a mortgage for a man twice, under two accounts, but paid him only once, they managed to foreclose on him until our office stepped in.
You cannot set aside the Default because a judgement has been entered. You would have to appeal the judgement. Filing an objection to the garnishment would most likely be an exercise of futility. Depending on your financial situation bankruptcy may be a viable alternative. I advise you to consult with a bankruptcy attorney.
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