My question involves judgment recovery in the State of: Michigan
I originally filed a claim in small claims court for around $2500. The defendant had it moved to general civil court but afterward then failed to file an answer within the allotted amount of time. I then filed for default judgment. Under the form, it states that the defendant has 21 days to dispute the judgment. This deadline passed a few weeks ago. All of the papers were served via first class mail by the district court. I am sure that the address is correct. My questions are:
1) Even though they've pretty much ignored all the court documents for the past couple of months and are outside the deadline, can they still have the default judgment set aside? I expect that the only argument would be that all of the mail got lost. Is that reasonable?
2) How about after I pay the fees and go through the trouble of a discovery subpoena, garnishment, and/or seizure? Can they still reverse all of the steps?
3) What is the best method of collecting on my judgment? I have a personal bank account number for the defendant but no SSN. Is that enough? Will I be able to collect from all associated accounts or just the one? Since I have a valid judgment, is there an easy way to get their SSN?
4) I am afraid that the defendant might have simply decided to withdraw all of his money, close the account, and ignore the court. Not much I can do about that unless I get a discovery subpoena right?
5) If I end up having to collect against income tax refunds, I assume the strategy is to file after 4/15. Not much of an incentive for them to maximize deductions otherwise.
Thanks for all of your assistance.