Legal Question in Credit and Debt Law in Michigan

I had a judgement ordered against me in October of 2008 for an account that was opened fraudulently. I was ordered to pay 1481.00 in monthly installments of 50.00. I was paying it faithfully even though I thought it was unfair that I had to pay it but I was ordered by the court so I had to. I got behind in Jan when I moved because I don't get a monthly statement for it and i forgot about it. As soon as I found out I was behind I went to the lawyers office and paid the full amount that they said I was behind plus an extra month. I started my monthly payments again and the next thing I know my employer is getting garnishment papers in the mail. I went to the lawyers office and asked why they were garnishing my wages and they said that I was behind, I argued with them because I knew I wasn't. They said that I missed a payment in February of 2009, they never told me that payment was missing. I asked them why they didn't tell me that payment was missing when I came in and paid up to date because I would have paid that too and they didn't have an answer for me. I asked them can I pay my payment thats due right now plus the payment that I supposedly missed to get back on track, I am trying and they refused to take my payment so I left and went to the court house and filed an objection to garnishment and a motion to have the judgement thrown out. I went to court this past wednesday, the lawyer made it sound like I haven't been trying to pay at all and the judge told me that he wouldn't toss it out because I have already been paying on it and that legally there was nothing he could do to stop the garnishment even though he stopped the original garnishment. I filed more papers to petition to let me start monthly payment arrangements again. I called the lawyers office and asked them what my balance is, they said it's 895.10, I asked them how I owe so much because my original judgement was 1481.00 and I have already paid them 800.00, so I should ounly owe them 681.00 plus my boss just sent them 193.00 and took another payment out of this paycheck this week, they said they are charging me interest. Is this even legal for them to charge interest on a specific ordered amount. What shoukd I do, I'm a single mom of 4 kids under the age of 8, I get no child support and I am struggling to make it as it is, they are taking food out of my kids mouths, please help me, I'm desperate, I feel like they should owe me.


Asked on 7/31/10, 5:30 am

1 Answer from Attorneys

Timothy Klisz Klisz Law Office, PLLC

Sorry for the bad news, but everything sounds in order. You could appeal the judges decision, but that will be difficult without a lawyer.

The second issue is easy. You do owe interest on the balance. The interest will continue until paid off. www.kliszlaw.com. Tim Klisz

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Answered on 8/05/10, 5:50 am


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