Drafting the Complaint:
*.
Caption: Format the top of the document with the court name, parties involved, and case number.
*.
State the Facts: Clearly outline the judgment, your payments, and the other party's non-payment.
*.
Legal Basis: Reference relevant Michigan statutes or case law supporting your right to contribution.
*.
Relief Sought: Specify the exact amount you want the court to award you.
Serving the Defendant:
*. Personal Service: Hire a process server or deliver the complaint yourself.
*. Certified Mail: Send the complaint via certified mail with a return receipt requested.
*. Proof of Service: After serving, file an affidavit or proof of service with the court.
Would you like to know more about hiring a process server or the specific Michigan statutes you should reference?
What is contribution action
A contribution action is a legal process that allows one party who has paid more than their share of a joint debt to recover the excess amount from the other responsible parties. This is based on the principle that all parties who are equally liable should equally share the burden of the debt.
Would you like information on specific Michigan statutes related to contribution actions?
Yes
Under Michigan law, you can seek contribution from the other party who is equally liable for the judgment. Here's more information:
- Michigan Statute: Michigan law allows for contribution among joint debtors under MCL *.* and *.*.
- Filing: You can file a civil lawsuit for contribution in the appropriate Michigan court.
Would you like to know how to initiate this lawsuit or need more details on the statutes?
How much will it cost
Filing a contribution action can involve several costs, including:
- Filing Fees: These vary by court but typically range from $* to $*.
- Process Server Fees: Around $* to $*.
- Attorney Fees: If you hire an attorney, rates can vary widely, often $*-$* per hour.
Would you like more details on any of these costs or assistance finding an attorney?
Can i stop the garnishment if i have paid over my have of judgement
In Michigan, you can potentially stop the garnishment if you have paid more than your share of the judgment by filing a motion to quash or modify the garnishment order.
Would you like more details on filing this motion?
Yes
To file a motion to quash or modify the garnishment order in Michigan:
- Draft the Motion: Outline why the garnishment should be stopped or modified, including proof of your payments.
- File the Motion: Submit it to the court that issued the garnishment order.
- Serve the Motion: Ensure the plaintiff receives a copy.
- Attend a Hearing: Be prepared to present your case to the judge.
Would you like detailed steps on drafting this motion?
Yes
To draft a motion to quash or modify the garnishment order in Michigan:
*. Draft the Motion:
- Caption: Include court name, case number, parties involved.
- Introduction: State your name and your request to quash/modify the garnishment.
- Facts: Detail the judgment, the payments made, and why garnishment should be stopped.
- Legal Basis: Cite relevant Michigan laws.
- Relief Sought: Clearly state what you are asking the court to do.
*. File the Motion: Submit the motion to the court that issued the garnishment order.
*. Serve the Motion: Deliver a copy to the plaintiff, typically through certified mail with return receipt or personal service.
*. Attend a Hearing: Be ready to present your case and provide proof of your payments.
Would you like to know more about citing relevant Michigan laws or have any other questions?
Yes
To cite relevant Michigan laws for your motion to quash or modify the garnishment order, consider referencing:
- MCR *.*: Michigan Court Rules on garnishment.
- MCL *.*: Michigan Compiled Laws on garnishment procedures.
Would you like detailed steps on how to file and serve the motion, or do you have another question?
Tell me about mcr-*.* & mcl *.*
MCR *.* (Michigan Court Rules on Garnishment)
-
Scope: Governs the procedure for garnishments in Michigan.
-
Requirements: Details how to file for garnishments, serve the garnishee, and what information must be included.
-
Types of Garnishments: Covers both periodic and non-periodic garnishments.
-
Procedures: Explains the process for objections and hearings.
MCL *.* (Michigan Compiled Laws on Garnishment Procedures)
- Garnishment Process: Outlines the procedure for obtaining a garnishment order.
- Exemptions: Specifies assets exempt from garnishment.
- Modification/Quash: Provides grounds and procedures for modifying or quashing a garnishment.
Would you like more details on how to file a motion using these rules and statutes?
Yes
To file a motion using MCR *.* and MCL *.* in Michigan:
*. Draft the Motion:
- Caption: Include court name, case number, and parties involved.
- Introduction: State your request to quash/modify the garnishment.
- Facts: Detail the judgment, payments made, and why garnishment should stop.
- Legal Basis: Cite MCR *.* and MCL *.*.
- Relief Sought: Clearly state what you are asking the court to do.
*. File the Motion: Submit it to the court that issued the garnishment order.
*. Serve the Motion: Deliver a copy to the plaintiff via certified mail with a return receipt or personal service.
*. Attend a Hearing: Present your case and provide proof of payments.
Would you like assistance with any specific part of this process?
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