Creditor's Examination – Need Michigan Civil Attorney Advice for Judgment Debtor Creditor's Exam in Wayne County Detroit Circuit Court

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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 Judgment entered against me abandon me because I owe him 3000 dollars and I am afraid to go on my own.  Will the lawyers at your law firm defend me and attend this creditor’s examination to testify as to assets with me?  What is the cost?  I dont want to get billed $350 an hour like my last lawyer I felt like I was greatly overcharged, no offense to your law firm or Michigan civil lawyers in general, but most people I talk to feel the same way.  Also, I received like a 5 page list of things I need to bring to court with me and all kinds of financial documents, do I really have to bring all this stuff?  Can we object to the laudry list of financil documents like bank accounts, etc. they want from me, I know I owe mone but I feel like I am being harassed.  Also, I may need a bankruptcy attorney.  If I file chapter 7 bankruptcy in Michigan with a bankruptcy attorney will this all stop even though my company is involved?  I need a civil attorney in Michigan who knows the rights of a judgment debtor so I can put an end to this nonesense?  Please give me whatever advice you can.  I don’t feel comfortable going against this attorney alone at this creditor’s exam, he was very intimidating in the case where they got the judgment in Detroit and threatened to ruin me basically after court one day.  I probably need someone equally aggressive to match him.

Thank you www.alllegalmatters.com for your time.  I appreciate that your lawyers take the time to answer so many questions about Michigan law for free.

Comments

  1. Peter A. Torrice on April 25, 2010 at 5:17 pm said:

    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 Canu Torrice 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 Canu Torrice 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.

    PETER A. TORRICE
    Canu Torrice Law
    http://www.AllLegalMatters.com
    (586) 285-1700

  2. 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?

  3. Old Lawsuit on May 13, 2011 at 1:26 am said:

    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?

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