NeverServed Posted March 22, 2012 Report Share Posted March 22, 2012 So the title says it all. Judge didn't even look at my motion to dismiss. Nothing he gave them their uniform foregin judgement. When I asked the clerk if I can appeal she said no its final. You have to fight it in michigan. Yet michigan says GA has jurisdiction. I am just beyond belief. I explained that to the judges assisant. I explained they got the judgement wrongfully. And to let them enforce it is wrong. She told me the order is final. I have an appointment with an attorney this afternoon. I just want to break down and cry from the injustice of the legal system to be raped by these vultures is just sickening. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted March 22, 2012 Report Share Posted March 22, 2012 I mentioned to you in an earlier thread that you would have to hire an attorney in Michigan and then fight the judgment in Michigan. I said that because a judge in Georgia cannot overturn a judgment that was entered in Michigan. You then told me a clerk in Michigan said that the GA Court has jurisdiction. At the time, that sounded completely asinine to me and I was 90% sure the person who gave you that information was dead wrong. Forget talking to an attorney in Georgia. Talk to an attorney in Michigan. If you get that judgment vacated, you get the Georgia judgment vacated automatically. Link to comment Share on other sites More sharing options...
NeverServed Posted March 22, 2012 Author Report Share Posted March 22, 2012 I at the very least will settle with this bastards. Then my plan is to go and sue them. They knew dang well what they were doing was shady. I am calling michigan and I will also try to find an attorney. My theory of everything is its a small amount. So hiring an attorney to in mi plus. Fees to go there will easily run more then the amount. Its just the principle. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 22, 2012 Report Share Posted March 22, 2012 MI would have jurisdiction. GA will just rubber stamp what happened in MI. I'm pretty sure it goes under the full faith and credit clause of the consitution, but I could be wrong. However, a court in GA is not going to look at the facts of the case for a MI case. I did not know your MTD was based on a case from MI, with a judgement, trying to get domesticated in GA. Yeah, you have to fight it where it started. It's like an interstate compact or something the courts have with each other. They will honor the other states judgements or order, but have no authority to overrule it. On a side note, don't argue (not really saying you argued) with people that have no authority to do anything. That's like calling up an AT&T rep because you have a problem with how much AT&T charges for their phone service, and ripping them a new one. Again, just an example, I'm sure you were very professional, but you were explaining something to court staff that had zero authority. I wish you luck, we're help to help and support !!!! Link to comment Share on other sites More sharing options...
rikkivs Posted March 22, 2012 Report Share Posted March 22, 2012 Get a Michigan attorney. Collections cases and their judgments are usually defensible and can be vacated, provided you act in the proper time frame. Sometimes judges will even relax certain timeframes set by law depending upon the circumstances. Please don't let your anger blind you from good advice given here. I'm certain that with due dilligance in finding the right attorney, that you can prevail. Obviously your case wasn't decided on the merits; these cases usually aren't. You got caught in a procedural trap, so learn from it and find an attorney who is licensed to pracetice in Michigan. Good luck!!!! Link to comment Share on other sites More sharing options...
chrisbbadd Posted March 22, 2012 Report Share Posted March 22, 2012 So the title says it all. Judge didn't even look at my motion to dismiss. Nothing he gave them their uniform foregin judgement. When I asked the clerk if I can appeal she said no its final. You have to fight it in michigan. Yet michigan says GA has jurisdiction. I am just beyond belief. I explained that to the judges assisant. I explained they got the judgement wrongfully. And to let them enforce it is wrong. She told me the order is final. I have an appointment with an attorney this afternoon. I just want to break down and cry from the injustice of the legal system to be raped by these vultures is just sickening.File a motion to vacate judgment in Michigan citing the Michigan law on proper service, state the facts of the non service and proceed. Link to comment Share on other sites More sharing options...
BV80 Posted March 22, 2012 Report Share Posted March 22, 2012 It wouldn't hurt to at least speak to an attorney in MI to get some answers. He'd be able to tell you if Cap1 did anything wrong by filing suit in MI when, it appears, they knew you were living in GA. If they were wrong, you'd have the law on your side. If they didn't do anything wrong, he could explain the reason for that, as well.It might require a fee for a phone consultation, but in my opinion, it would be worth it to have those questions answered. Link to comment Share on other sites More sharing options...
InProPer Posted March 22, 2012 Report Share Posted March 22, 2012 Sorry to hear that NeverServed, hope you have better luck in the future. Not sure what to say about it. It just bothers me things didn't work out for you.GL Link to comment Share on other sites More sharing options...
legaleagle Posted March 22, 2012 Report Share Posted March 22, 2012 Environmental & Energy Law Attorney for Georgia, Michigan and Washington, D.C.You need someone like this, who is licensed to practice in both states. That should save you any travel, etc. Link to comment Share on other sites More sharing options...
NeverServed Posted March 22, 2012 Author Report Share Posted March 22, 2012 Im going to try to settle with them. I hired the attorney here he is going to feel them out to try to settle. He told me if they dont then we move forward he has a friend in michigan who is an attorney. He will consult. If they will settle for a reasonable amount. I will just do it. But let the other one who sent me a notice come after me I am ready! This one just stinks becuase nothing about it is the usual. I just really am so over it. But if I need to fight if they wont settle. Its on! Link to comment Share on other sites More sharing options...
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