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You file a motion by completing the form and filing it with the same court that signed the default entry or default judgment. There is a $20 motion fee for filing a motion to set aside default.
Ing to Michigan law, your creditor has up to 6 years (from the date of your last payment) to collect on a debt, including obtaining a judgment on the debt. By getting a judgment, your creditor can pursue collections (likely a garnishment) almost indefinitely as long as they renew the judgment every 10 years.
If the defendant does not pay the judgment as ordered, you will have to collect your money through an execution against property or a garnishment. To get an execution against property or garnishment, you will first need to know: Where the defendant lives and works.
How To Collect On A Judgment Garnishment - 21 days after judgment: Filing Fee $15. a. Periodic - Form MC 12 - A garnishment against the defendant's wages. ... Order to Seize Property - 21 days after judgment: Filing Fee $15. a. ... Discovery Subpoena - 21 days after judgment: Filing Fee $15.
A judgment from a Small Claims case expires six years after it is issued. Most other judgments in Michigan expire 10 years after they are issued. You can renew a judgment before it expires by filing a motion to renew a judgment.
Use the appropriate form MC 12, MC 13 or MC 52, Request and Writ for Garnishment, to start the garnishment process. A periodic writ of garnishment (form MC 12) is used to garnish the judgment debtor's wages, rent payments, land contract payments, or other debt that is paid to the judgment debtor on a periodic basis.
Tells the court and others that a judgment has been paid in full or in part. Can be recorded with a county to release a lien against the judgment debtor's land or filed with the Secretary of State to release a lien against the debtor's personal property.