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Demand Letter for return of money collected prior to vacated judgment


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Hello everyone, hope all is well. I've been trying to figure this out for awhile, actually called an attorney and he said to try it myself and if I didn't get a response then to contact him so we could file suit.

 

So, last year, I had two 4-5 year old judgments vacated due to lack of proper service. Money was paid as well as garnished and in both cases, the full amounts were paid. Both total up to almost $3600.

 

I just wanted to know if this is the proper way to get my money back from them, or if anything needed to be changed. Thank you.

 

 

My Name

My Address

My City

My Phone Number

 

Re: XXth District Court Case No XX-XXXXXX

 

On April 3, 2013, the XXth District Court granted my motion to set aside the default judgment for Case No XX-XXXXXX due to lack of proper service. Before the default judgment was set aside, a total of $XXXX.XX was collected through bank and wage garnishments. I am writing to you today to demand that the total amount be returned, as the judgment is void because the court set it aside.

 

Please return in full,  $XXXX.XX via check within 30 days. If the amount is not returned within 30 days, I will have no choice but to file a lawsuit as well as a complaint with the Attorney General’s office of Michigan and the Federal Trade Commission.

 

Thank you for cooperation.

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Guest usctrojanalum

Yeah, that sounds good.  I just really don't understand how this was not taken care of when the judge set aside your judgment.  I feel like some facts have to be missing.  You told the judge they collected the money in full pursuant to the underlying judgment he is vacating and he just told you too bad figure it out yourself?

 

Typically where I'm from the judge who vacates the judgment orders any monies collected be returned.  That's why I find this highly strange.

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Guest usctrojanalum

Actually ...... it was the attorney that the OP contacted who told him to "try it himself".

 

I should have clarified this, but the OP has made threads on this very topic before.  And that's basically what the judge told him if my memory is serving me correctly.

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Yeah, that sounds good.  I just really don't understand how this was not taken care of when the judge set aside your judgment.  I feel like some facts have to be missing.  You told the judge they collected the money in full pursuant to the underlying judgment he is vacating and he just told you too bad figure it out yourself?

 

Typically where I'm from the judge who vacates the judgment orders any monies collected be returned.  That's why I find this highly strange.

 

I have nothing to hide from you guys, I asked the judge, and he told me that I would have to speak to an attorney to figure out how to get the funds back.

 

I think the judge ordered the funds returned, he just told the OP that he has to figure out how to collect the funds. Probably the same thing the judge tells a creditor when they win the judgement in the first place.

 

Basically this.

 

Actually ...... it was the attorney that the OP contacted who told him to "try it himself".

 

Correct.

 

I should have clarified this, but the OP has made threads on this very topic before.  And that's basically what the judge told him if my memory is serving me correctly.

 

Correct.

 

Thank you everyone, I will send these out today.

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Guest usctrojanalum

I think the judge ordered the funds returned, he just told the OP that he has to figure out how to collect the funds. Probably the same thing the judge tells a creditor when they win the judgement in the first place.

 

 

 

Correct.

 

 

OK, here is the missing information I was looking for.  I did not realize the judge ordered the money back.  So what you want to do, if you have not done so already is, send a copy of the order to the creditor requesting the money back.

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