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IN RE HUNTER, 12-53105 (2016)

Court: United States Bankruptcy Court, E.D. Michigan Number: inbco20160606471 Visitors: 5
Filed: Jun. 03, 2016
Latest Update: Jun. 03, 2016
Summary: ORDER DENYING DEFENDANT'S MOTION FOR INSTALLMENT PAYMENTS THOMAS J. TUCKER , Bankruptcy Judge . On October 8, 2012, the Court entered a default judgment in favor of Plaintiff LOC Federal Credit Union and against Defendant Raquel Andrea Hunter, in the amount of $19,930.62 (Docket # 8, the "Judgment"). After the Plaintiff recently obtained garnishment writs, on May 25, 2016, the Defendant filed a "Motion . . . For Installment Payments" (Docket # 15, the "Motion"), seeking an order permitting
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ORDER DENYING DEFENDANT'S MOTION FOR INSTALLMENT PAYMENTS

On October 8, 2012, the Court entered a default judgment in favor of Plaintiff LOC Federal Credit Union and against Defendant Raquel Andrea Hunter, in the amount of $19,930.62 (Docket # 8, the "Judgment"). After the Plaintiff recently obtained garnishment writs, on May 25, 2016, the Defendant filed a "Motion . . . For Installment Payments" (Docket # 15, the "Motion"), seeking an order permitting the Defendant to pay the Judgment amount in installments of $100.00 per month.

The Court must deny the Motion because it is not supported by an affidavit, as required by applicable law.

Generally, Michigan procedural rules apply to garnishments and other methods used by the Plaintiff to try to collect a judgment of this federal court. See generally Fed. R. Civ. P. 69(a)(1), Fed. R. Bankr. P. 7069. Mich. Comp. Laws Ann. § 600.6201(2) states that "[a]ny judge may make a written order permitting the defendant to pay any judgment previously rendered in or transcribed to his court in installments, upon compliance by the defendant with the provisions of this chapter and the rules of court." (Emphasis added.) Under Mich. Comp. Laws Ann. § 600.6205(3), a petition to the court for "an order permitting the payment of the judgment in installments" must "be supported by the affidavit of the moving party setting forth his inability to pay the judgment with funds other than those earned by him as wages, and setting forth the name and address of his employer, the amount of the wages and the date of payment thereof." Mich. Comp. Laws Ann. § 600.6205(3) (emphasis added).

Here, the Motion is not supported an affidavit as required by Mich. Comp. Laws Ann. § 600.6205(3). The document filed by the Defendant is not an affidavit, because the Defendant's signature is not notarized.1

Accordingly,

IT IS ORDERED that the Motion (Docket # 15) is denied.

FootNotes


1. The Court expresses no opinion at this time as to whether the document that the Defendant filed would, if notarized, demonstrate the Defendant's "inability to pay the judgment with funds other than those earned by [her] as wages."
Source:  Leagle

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