Co Defendant Payment Enforcement
Summary
To enforce a co-defendants payment for a default judgment in Michigan, file a motion for contribution in the issuing court. Include judgment details, garnishment evidence, and the co-defendants responsibility. Serve the co-defendant and request a hearing to determine their payment obligation. Draft the motion with a clear title, facts, arguments, and relief sought. Ensure proper service of the motion to the co-defendant.Full Conversation
Michigan
To make a co-defendant pay their part of a default judgment in Michigan, you can:
- File a motion for contribution in the court where the judgment was issued.
- Provide evidence of the garnishment and the co-defendant's responsibility.
- Request a hearing to determine the co-defendant's payment obligation.
Do you need information on how to file a motion?
Yes
To file a motion for contribution in Michigan, follow these steps:
*. Draft the Motion: Include details of the judgment, garnishment, and the co-defendant's responsibility.
*. File the Motion: Submit it to the court where the judgment was issued.
*. Serve the Co-Defendant: Provide them with a copy of the motion.
*. Request a Hearing: Schedule a hearing to present your case.
Would you like more information on drafting the motion?
Yes
To draft a motion for contribution in Michigan:
*. Title and Introduction: Clearly state it as a "Motion for Contribution" and include your case number.
*. Facts: Outline the default judgment details, garnishment, and co-defendant's responsibility.
*. Arguments: Explain why the co-defendant should pay their share.
*. Relief Sought: Specify what you are asking the court to do.
*. Signature: Sign the motion and include your contact information.
Would you like a sample template for the motion?
Yes
Sure, here’s a general template to help you draft your motion for contribution:
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[Your Name]
[Your Address]
[City, State, Zip Code]
[Phone Number]
[Email Address]
[Today’s Date]
[Court Name]
[Court Address]
[City, State, Zip Code]
Re: [Case Name/Case Number]
Title: Motion for Contribution
Introduction:
Plaintiff, [Your Name], hereby submits this Motion for Contribution in the above-captioned matter.
Facts:
*. On [Date], a default judgment was issued against both Plaintiff and Co-Defendant, [Co-Defendant’s Name].
*. The judgment amount was [Total Judgment Amount].
*. Plaintiff’s wages are currently being garnished to satisfy the judgment.
*. Co-Defendant, [Co-Defendant’s Name], has not paid their share of the judgment.
Arguments:
*. Under Michigan law, co-defendants are equally responsible for the judgment amount.
*. Plaintiff requests that Co-Defendant be ordered to pay their fair share of thejudgment to relieve the garnishment burden on Plaintiff.
Relief Sought:
Plaintiff respectfully requests that the Court:
*. Determine Co-Defendant’s share of the judgment.
*. Order Co-Defendant to contribute their portion to satisfy the judgment.
*. Provide any other relief deemed just and proper.
Signature:
_____________________________
[Your Name]
Certificate of Service:
I hereby certify that a copy of this Motion for Contribution has been served upon [Co-Defendant’s Name] by [method of service] on [date].
_____________________________
[Your Name]
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Would you like more information on how to serve the co-defendant?