After a default judgment is made, is there any way to reverse it or any other way out of my situation?

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After a default judgment is made, is there any way to reverse it or any other way out of my situation?

I ran into a person crossing the street at a crosswalk while driving. The person fell back and hit there head and an ambulance was dispatched and she was taken to the hospital. I received a ticket and went to court and was charged with failure to yield. About a year later, I started receiving letters in the mail from my insurance company regarding a balance from an attorney’s office representing them, that I owe. After getting these letters for about 6 months, I finally call them an find out I am being sued by my insurance company. They paid this person off and are trying to sue me for $21,000. My vehicle was in my wives name and she was also had the insurance in her name. I found out later, I was on the policy, but was listed as an excluded driver in the household. I received a summons to go to court right around Christmas time last year and did not have any money to afford a lawyer, so I did not show up to court. A default judgment was set against me in the amount of 21,969. I cannot afford to pay this and am trying to avoid my checks being garnished for years. Is there any solution to my problem after a default judgment has been made against me?

Asked on February 14, 2017 under Accident Law, Michigan

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can file a motion to set aside the default, but you will need very strong reasons to persuade a judge to set aside the default.
If the default is set aside, the case will then be back on track and litigation will continue.
Another alternative would be to file bankruptcy.  Chapter 7 bankruptcy is straight liquidation which will eliminate that debt.


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