Opinion
Civil No. 00-70025.
August 22, 2000.
OPINION AND ORDER RENEWING JUDGMENT IN FAVOR OF PLAINTIFF
On September 21, 1979, in Civil Case No. 78-72008, the court entered judgment in favor of Plaintiff and against Defendant in the amount of $16,152.76 plus $47.16 in costs (the "Judgment"). On February 16, 1990, the Judgment was renewed, including interest from the date of the Judgment, and a new judgment entered. On January 4, 2000, Plaintiff filed the instant complaint in which he seeks to renew the February 16, 1990 judgment. Because the original case was filed in federal court, this court has ancillary jurisdiction over Plaintiff's instant complaint. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 379-380 (1994).
The Defendant did not file a formal answer to Plaintiff's complaint. However, on April 27, 2000, he submitted a hand-written letter to the court in which he requested an adjournment of any hearing the court might hold. In his letter, Defendant stated that he had recently suffered a stroke, and that he faced two imminent surgeries. Moreover, Defendant stated that he could not afford an attorney, and was seeking some form of legal aid. Finally, Defendant stated that when he recovers he will be prepared to present a defense that "will enable a just conclusion to this matter." As of the date of this Opinion and Order, the Defendant has filed no other papers with the court in connection with this matter.
While the court certainly sympathizes with Defendant's difficult situation, he has presented no valid argument as to why the court should not renew the February 16, 1990 judgment that renewed the 1979 Judgment. Pursuant to M.C.L.A. § 600.5809(3), Plaintiff has a right to bring an action to renew the February 16, 1990 judgment within ten years of its entry. Thus, Plaintiff had until February 16, 2000, to bring the instant action, and his complaint, filed on January 4, 2000, was timely.
Accordingly,
IT IS ORDERED that the February 16, 1990 judgment is renewed, in the amount of $16,152.76 plus costs of $47.16 and interest (at the rate provided for in M.C.L.A. § 600.6013) from the date of the original Judgment.