Creditor’s Examination – Need Michigan Civil Attorney Advice for Judgment Debtor Creditor’s Exam in Wayne County Detroit Circuit Court
I have a judgment against me and my company for a large sum of money and I have received a subpoena for a creditor’s examation from the plaintiff bank’s attorney at 3rd Circuit Wayne County Circuit Court in Detroit schduled for the next few weeks. My attorney from the original case where I got the [...]
Categories: General
There is an old legal maxim that “there is no debtor’s prison.” To a certain extent that is true (even here in Michigan if you can believe that) because you cannot go to jail or prison for being in debt, for owing someone or some company money, or for having a Judgment entered against you by a court of law. However, one of the exceptions to this general rule occurs when Creditor’s Examinations are involved.
A creditor’s exam in Michigan occurs when a money Judgment is entered against you, the time to appeal or set aside the Judgment has expired, and the Judgment debtor/plaintiff, through their attorney, has the court issue a subpoena for you to testify as to your or your’s business’ assets. This can include the lengthy document requests you are describing that can go back years, such as tax return records, accounts receivable, bank acccount records, checking account information, savings account information, cancelled checks, etc.
There are 3 main ways to stop this form of legal creditor exam harassment. 1) Have an experienced Michigan civil attorney negotiate a settlement on our behalf, unless of course you want to pay the full amount of the Judgment which is stupid, 2) Have a Michigan attorney defend you, appear at the creeditor’s exam with you, and file objections with the Court if necessary, or 3) File bankruptcy if you are eligible and if the debt is dischargable, and never worry about it again.
Under any of the above 3 scenerios, the Michigan civil and bankrupctcy lawyers at CTZ Law can help you. We have defended, settled and filed bankruptcy for hundreds of our Michigan clients in the past year alone. We have settled cases for as little as 10 cents on th dollar, we have filed bankruptcy for clients in order to eliminate ALL their debt, including judgments, and we have also defended clients at creditor’s exams where they were never bothered again after it was all said and done.
A money Judgment entered against you by a Court in Michigan NEVER goes away. The plaintiff can always renew the judgment right before it expires, and interest always continues to collect and accrue on the Judgment. If you think you can just “hide” from th judgment forever, you are likely wrong. Most people who are serious enought to hire an attorney and sue you fo money, are also serious enough to chase your for this money until you pay, settle or file bankruptcy. No one wants their wages garnished, their bank account drained, their tax returns taken away, or the cars and trucks picked up by the sheriff or court officer to satisfy the Judgment against them.
Contact the civil and bankruptcy attorneys at CTZ Law today and our law firm will be happy to defend you in this creditor’s exam and help you find a practical and real solution to this creditor harassment.
Paul J. Zalewski
Canu, Torrice & Zalewski, PLLC / CTZ Law
http://www.AllLegalMatters.com
(586) 285-1700
So even if you have no money at all someone who sues you can harass you and ask for taxes bank accounts and other stuff and if you dont show up you can get arrested for not going to court for a creditors exam in michigan is that what your saying?
I have a old judgment against me from a few years ago and I just got a subpoena to appear for a creditors examination for me to testify as to my assets its says and they want all kinds of tax return information, bank accounts, titles to my car, and a whole bunch of other stuff I feel overwhelmed, would your attorneys or even you sir be able to represent me at this hearing at court?