If my court transcripts prove that the plaintiff shouldn’t of had a writ of garnishment granted, what is my next step to correct the paperwork?

Last year the plainiff tried to due a writ of garnishment on me. The judge denied them. This year, during court, a different judge, same courtroom, told the plaintiff the same thing. He will not override the last judge’s ruling. We got into the hallway to sign paperwork. The judge forgot to sign the paperwork, so the secretary behind the window believed the plainiff, got the judge’s signature and granted the plainiff the Writ of Garnishment. I purchased the transcripts to prove to the secretary I wasn’t lying and she refuses to do so, stating I have to file another motion?

Asked on December 6, 2011 under Bankruptcy Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you believe that the garnishment was improperly granted the second time around on your wages after the first judge denied the motion, you need to file a motion for reconsideration as soon as possible. I suggest that you consult with an attorney experienced in debt collection matters to assist you.

You will need to file a otice of motion, a declaration, and points and authorities in support of the motion. The transcript needs to be attached to the declaration as an exhibit. There are forms that you can use as a template online to use. You might want to go down to your county law library for assistance. If your county has a legal aid program, you should contact it as well for help.

Your county bar association may also have attorneys who can assist you in the motion you need to file.


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