How do I object to a writ of garnishment? I received a notice from my employer on 3/2/22 from a 4 year old judgment.

Question

On 03/02 I got an email from work with a "writ of garnishment" dated 02/08/22.I was not properly served from the creditor. The writ states "plaintiff received judgement against defendant for $6,875 on Feb 01 2018. The plaintiff is Credit acceptance corp. However, I was never served any summons to contest this debt. The address was an old address of mine. Furthermore, this debt was already charged off. How do I object this matter?

Adam Alexander · Answer

There is a form that allows you to object to garnishments. Just Google "objection to garnishment Michigan".  However there are only 5 permitted objections and one "catch all" objection.  
 
 1. the funds or property are exempt (protected) from garnishment by law. 
 2. bankruptcy proceedings. Case No: 
 3. I have an installment payment order, issued on . Court: Case No: 
 4. the maximum amount permitted by law is already being withheld by another court order. 
 5. the judgment has been paid. 
 6. the writ was not properly issued or is otherwise invalid because. . .  
 
That you were not not properly served with the lawsuit likely won't succeed.  That the debt has been charged off won't succeed either. Rather, you would have to file a Motion to Vacate the Judgment.  A Motion to Vacate the Judgment likely won't succeed, assuming you legitimately owed this debt.  
 
In sum, based on the facts you published, this particular garnishment is almost certainly valid and will proceed. You may be able to stop future garnishments by entering an installment payment plan with CAC.  The best course of action for you, if you are able to do so, is to offer a lump sum payment, (less than the balance), to resolve this entire debt. If you are unable to do this, I suggest a payment plan.  Importantly, this payment plan should be entered with the court, because it will stop future garnishments as long as you pay on time.

Robert Keyes · Answer

I have handled many cases like this and have had judges set aside the Default Judgment. The form you are looking for is called "Motion to Set Aside Default Judgment. Here is the link: 
 
https://www.courts.michigan.gov/siteassets/forms/scao-approved/cia04.pdf 
 
You would need to show your addresses for the period of time in question. Even if you succeed you will have to deal with the case. Usually I was able to negotiate some kind of payment plan with the creditor for an amount less than a 25% garnishment. 
 
In some cases depending on the size of the judgment a bankruptcy is the best option.

Q: How do I object to a writ of garnishment? I received a notice from my employer on 3/2/22 from a 4 year old judgment.