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  1. #1
    Join Date
    Mar 2006
    Location
    michigan
    Posts
    1

    Default Grandmas Debt: Default and Garnishment Issues

    Last year my grandmother received a copy in the mail of a summons - I found the case online- The collection agency is suing for 17577 - that complaint was filed 5/2005 and on 10/2005 it has case dismissed - no progress...

    on 10/5/2005 they filed a new complaint -
    here is what the civil case shows online:
    12/27/05 petition filed for sub serv
    12/18/05 order filed for sub serv
    1/11/06 summons returned and served posted&reg mail

    Here is my first big question --- she NEVER received any summons of any kind!! The last one she did get a letter, not certified or anything- but did get a letter
    to continue:
    1/31/06 Default Judgment
    3/3 garnishment filed

    They did go into the account and take everything she had and left 1 dollar remaining. (around 350$)
    - How can they do this with NO prior notice, NO summons, NO notice of the garnishment, nothing.. I know the bank has something- I am going to have her get a copy so that I can look that over - but other than that - where does she go from here.. From what I can find - her time limits to fight are up - as they only get so many days after they summons, but she never got a summons.. AHHHH Please help -- email me at TFord@chartermi.net
    Thanks so much

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

    Default

    Was the initial dismissal with or without prejudice? If it was without prejudice, as was probably the case, they could file a new action.

    The information you present indicates that service of the second case was by registered mail. You can go to the courthouse and look at the file, to see if the return receipt is in the file and who signed for it.

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