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usererror · Nov 30, 2011, 06:28 PM

In January 2008, my state income tax return was garnished due to a default judgement I had no knowledge of. The original amount according to my credit report was $939. They have been garnishing my state income tax return every year since that time. I've recently found out that since I was never served a summons for court that I can file for a motion to vacate. I reside in the state of Michigan and it is my Michigan state income tax return that is being garnished. Would someone please kindly tell me how I would go about filing a motion to vacate the default judgement?

Thank You.

Sincerely,

Rachel

AK lawyer · Nov 30, 2011, 06:43 PM

When your 2008 tax refund was garnished you became aware of the default judgment. You should have immediately moved to vacate the judgment. My guess is that you will find that it's some three years too late to now file such a motion.

ScottGem · Nov 30, 2011, 08:08 PM

While its true you can file a motion to vacate, its not a slam dunk. You would have to prove you were never served. And even if the court would entertain a motion to vacate at this late date. All that does is delay things. They will serve you properly before you leave the court. If the debt is yours they will get a judgement anyway.