Results 1 to 2 of 2

Hybrid View

  1. #1
    Join Date
    Mar 2013
    Posts
    1

    Default Served With an Ex-Parte Motion to Renew a Judgment

    My question involves judgment recovery in the State of: Michigan

    I had a judgment against me in 2001 for over 5000.00 for eviction. The last I gave him an money was in October of 2004. I have not worked since 2006 due to disability and have not heard anything since until now. Yesterday I received an ex-parte motion to renew judgment. Is this possible? What rights do I have. This man made my life a living hell by going to family friends and ex-coworkers back then. Will I have to look forward to that again? He claims that action was taken on this case in 2008. Like I said I have had no contact or heard nothing since 2004. Your quick response is appreciated. Thank you

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Served With an Ex-Parte Motion to Renew a Judgment

    Quote Quoting cin238
    View Post
    Yesterday I received an ex-parte motion to renew judgment. Is this possible?
    You just told us it happened, so yes, it's possible.
    Quote Quoting cin238
    What rights do I have.
    You can file a response to the motion, presenting whatever facts and law you believe would prevent renewal, and appear in court on the motion date to argue your case. As this is an ex parte motion, in addition to a timely response it may fall on you to notice the motion for hearing - ask the court clerk if you need to take action beyond filing your written answer opposing the motion.
    Quote Quoting cin238
    This man made my life a living hell by going to family friends and ex-coworkers back then. Will I have to look forward to that again?
    We have no way of telling you what this person will do.
    Quote Quoting cin238
    He claims that action was taken on this case in 2008.
    What action is he claiming to have taken?

    Assuming this is a district court action (a "court of record") and not a small claims action (a court "not of record"), a judgment is valid for ten years and is subject to renewal. A small claims judgment is valid for six years, subject to renewal.
    Quote Quoting MCL 600.5809 Action to enforce noncontractual money obligations; limitations.
    (1) A person shall not bring or maintain an action to enforce a noncontractual money obligation unless, after the claim first accrued to the person or to someone through whom he or she claims, the person commences the action within the applicable period of time prescribed by this section.

    (2) The period of limitations is 2 years for an action for the recovery of a penalty or forfeiture based on a penal statute brought in the name of the people of this state.

    (3) Except as provided in subsection (4), the period of limitations is 10 years for an action founded upon a judgment or decree rendered in a court of record of this state, or in a court of record of the United States or of another state of the United States, from the time of the rendition of the judgment or decree. The period of limitations is 6 years for an action founded upon a judgment or decree rendered in a court not of record of this state, or of another state, from the time of the rendition of the judgment or decree. A judgment entered in the district court of this state before May 25, 1973, is a judgment of a court not of record. A judgment entered in the district court of this state on or after May 25, 1973, except a judgment entered in the small claims division of the district court, is a judgment of a court of record. Within the applicable period of limitations prescribed by this subsection, an action may be brought upon the judgment or decree for a new judgment or decree. The new judgment or decree is subject to this subsection.

    (4) For an action to enforce a support order that is enforceable under the support and parenting time enforcement act, Act No. 295 of the Public Acts of 1982, being sections 552.601 to 552.650 of the Michigan Compiled Laws, the period of limitations is 10 years from the date that the last support payment is due under the support order regardless of whether or not the last payment is made.
    If the original judgment is from 2001, from what you've told us so far, if it were me I would answer the motion indicating that no action was taken within the ten year period and that the judgment has expired under MCL 6905(3). I expect that the judgment creditor is going to argue that whatever action he supposedly took in 2008 is sufficient to... perhaps have the ten years measured up to that date? Perhaps he filed a motion to renew, but couldn't find you to serve you? But you need to fill in the gaps before we can address whether or not that would be enough to avoid the ten year limitations period.

    1. Sponsored Links
       

Similar Threads

  1. Custody and Visitation Issues: What is the Consequence of Lying on an Ex Parte Motion
    By NoJustice4Me in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 12-29-2011, 03:24 PM
  2. Collection Lawsuits: Served With a Motion for Summary Judgment
    By jso in forum Debts and Collections
    Replies: 9
    Last Post: 10-31-2011, 11:01 AM
  3. Custody and Visitation Issues: Filing an Ex Parte (Emergency) Motion Asap
    By deichner in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 08-07-2011, 07:01 PM
  4. Motions: How to Answer an Ex Parte Motion That is Incorrect
    By joharris717 in forum Civil Procedure
    Replies: 1
    Last Post: 04-06-2009, 09:55 AM
  5. Chapter 13: File To Dismiss Ex Parte Motion
    By BarbHK in forum Bankruptcy Law
    Replies: 4
    Last Post: 04-03-2008, 12:56 PM
 
 
Sponsored Links

Legal Help, Information and Resources