Michigan | Credit and Debt Law
Legal Question
If my signature was forged on a proof of service document for a summons, can I use this as a defense in court?
I was served papers by MRC Receivables three years ago without my knowledge. Accordingly a default judgement was brought against me three years ago, but I did not realize it until a month ago when they started garnishing my wages. The judgment is for a credit card debt. I went to the court to check my file for proof of service and found that my signature was forged. I was never personally given any summons, but the paper says I was personally given a copy and shows that I signed for it. I did not sign anything and no one ever served me. It is not my signature, so I have filed papers with the court to reopen the case. Is the fact that someone forged my signature a proper defense to get the case thrown out or decided in my favor?
Also, I filed an objection to garnishment paper with the courts. I have to go to a garnishment hearing next week. I did not receive papers in the mail about the garnishment until after they started garnishing me, so I did not have time to object to it. Will this be an effective defense against garnishment. I want the company to validate the debt, but at this time its too late unless I can have the case thrown out. Please advise what I should say in the garnishment hearing and also if forged summons is a good enough defense to have the case thrown out.
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Read More Answered By: Renee Walsh |
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