My question involves collection proceedings in the State of: Michigan
I had an old CC that I was sued on (Lost job, couldn't pay) and I had the judgement entered against me. The company on 11-10-2011 filed for a payroll garnishment with the first amount being deducted from my account on December 15th. When I got the letter regarding this, I filed for an order for installment payments on 12-09-2011 which was within the 14 day period from when I received the letter regarding the garnishment. Now payments were taken out of my paycheck on 12-15-2011, 12-31-2011 and 01-15-2012. The motion for installment payments was granted on 01-03-2012 (25 days after filing), and the attorneys office is claiming that the date the order is effective is on the date it was signed, not the date the motion was filed. The courts are telling me that it goes off the date that it was filed as this was an objection period and not that the date it was signed because that could take weeks for a judge to see it.
Who is right in this? The paperwork the way I read it goes off the date that the order was filed, not the date it was signed. Here is how everything is worded:
1. A motion for installment payments was filed with this court on 12-09-11 by the principal defendant.Then it has a date where the judge signed the order, and all it says is date. The way that I read this, in section 5 is states that any funds deposited before the date of the order which was filed on 12-09-11 shall be paid. What is the legal right on this?5. The writ for periodic payments issued on 11-10-11 is suspended and the garnishee defendant is ordered to discontinue withholding amounts under the writ unless otherwise ordered by the court. Any funds deposited with the court or held by the garnishee defendant prior to the date of this order shall be paid and mailed to the plaintiff/plaintiff's attorney.