CanYouHelpMe1
New Member
I'm looking for some legal advice regarding a civil lawsuit for an amount of about $14,000. This was a suit based upon a personal loan to a friend that is 2 years old and I have no proof other than a verbal promise regarding the amount and details of the interest. The amount loaned was actually about 10k, but with interest that was verbally agreed on the amount is about 14k now.
I filed a suit and he rec'd the summons, yet the did not show and I was awarded $14k as a default judgment. I proceeded to file paperwork for a paycheck garnishment which was seemingly approved and just recently rec'd a summons to appear in court. The defendant claims that he did not know he was being sued until the garnishment notice showed up and now we have a court date. We now have a date set for a "motion to set aside default judgment" and "Hearing To Garnishment". He wrote a handwritten note to the court saying "I didn't know I was being sued until after my check was garnished". I also have a signed copy of the company that signed off on having "served" the original summons.
The one thing I do have is a text message from his cell that he states an admission that he owes me money and is willing to pay 50 bucks/week when he gets a better job, but it does not address any other details of the amount owed. I also have a close friend that is a close friend of his that can verify existence of this loan if they were compelled, so in the event that he denies it in court, i'm wondering if I could file a police report and accuse him of fraud and lying in court for a further recourse if the court date doesn't go well. Although since they are his friend as well, they likely wouldn't volunteer help unless a court officer or police officer compelled them.
I also have the email address for his mother, would it serve as helpful in court if I sent her an email asking her to discuss a payoff plan with her son and then to get back with me if she writes something in the email to the effect that confirms she says she talked with him and he acknowledged the debt.
My questions are: (Michigan case)
1)How do I handle this case in court w/no evidence other than a verbal agreement if he tries to deny the loan?
2)Do I have any recourse to ask for more money or more interest and ammend the claim, if so what entitlements do I have to maximize the judgment?
3)Do I have recourse for fraud/purgery if he lies in court?
4)Does an email from his mother as inquired above help my case?
5)Any other tips/ideas I am not thinking of?
I filed a suit and he rec'd the summons, yet the did not show and I was awarded $14k as a default judgment. I proceeded to file paperwork for a paycheck garnishment which was seemingly approved and just recently rec'd a summons to appear in court. The defendant claims that he did not know he was being sued until the garnishment notice showed up and now we have a court date. We now have a date set for a "motion to set aside default judgment" and "Hearing To Garnishment". He wrote a handwritten note to the court saying "I didn't know I was being sued until after my check was garnished". I also have a signed copy of the company that signed off on having "served" the original summons.
The one thing I do have is a text message from his cell that he states an admission that he owes me money and is willing to pay 50 bucks/week when he gets a better job, but it does not address any other details of the amount owed. I also have a close friend that is a close friend of his that can verify existence of this loan if they were compelled, so in the event that he denies it in court, i'm wondering if I could file a police report and accuse him of fraud and lying in court for a further recourse if the court date doesn't go well. Although since they are his friend as well, they likely wouldn't volunteer help unless a court officer or police officer compelled them.
I also have the email address for his mother, would it serve as helpful in court if I sent her an email asking her to discuss a payoff plan with her son and then to get back with me if she writes something in the email to the effect that confirms she says she talked with him and he acknowledged the debt.
My questions are: (Michigan case)
1)How do I handle this case in court w/no evidence other than a verbal agreement if he tries to deny the loan?
2)Do I have any recourse to ask for more money or more interest and ammend the claim, if so what entitlements do I have to maximize the judgment?
3)Do I have recourse for fraud/purgery if he lies in court?
4)Does an email from his mother as inquired above help my case?
5)Any other tips/ideas I am not thinking of?
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