Legal Question in Civil Litigation in Michigan

has a frivolous lawsuit been filed?

I was co-owner of a house that was sold and now I've been sued as an individual. We were tenants in common. Property was sold as is with an arbitration clause & 4 inspections prior and post closing. Post closing,buyer mislead courts and pursued litigation in the wrong forum. My income is limited to SSDA which prohibited me from seeking counsel to enforce the arbitration agreement. A default judgment against me due to lack of answer was entered. The complaint was not sum certain but the judgement was, in the amount of $21,000. My acct.containing exempt funds was garnished.I succeeded in having this removed, but I was ordered to pay $300 for the work done by the opposing counsel plus the costs of the garnishment.Now the buyer has requested an ''order referring case to binding arbitration''.It has been established that I have no assets and my income is exempt. Would this be considered a frivilous lawsuit, as well as harassment? Can the co-owner/seller be exempted from this action? Would civil litigation on my behalf serve to hault this seemingly endless attempt to get ''blood out of a stone''? Would abitration give consideration to documention that I am in the final stage of my life?


Asked on 5/08/05, 5:46 pm

2 Answers from Attorneys
William Stern William Stern, P.C.

Re: has a frivolous lawsuit been filed?

Maybe the underlying case is frivolous and maybe it's not. However, you must have succeeded in overturning the judgment or else you would not be facing a request for binding arbitration. You must have received some money out of the sale but you just do not want to pay a lawyer. This I can understand but don't complain when you face the consequences of your own decision. You need a lawyer. Take some of the money that you received from the sale and get a lawyer. If the case is frivolous, seek sanctions later. William S. Stern

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Answered on 5/08/05, 6:20 pm
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: has a frivolous lawsuit been filed?

The lawsuit is not frivolous for the reason that you may be "judgment proof." The Plaintiff may hope or believe you have or will have non-exempt assets. Not having assets to pay a judgment is not a defense to a lawsuit. You really should hire an attorney to help you look at the facts, your options, and your exposure in the event of a judgment.

Good luck.

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Answered on 5/08/05, 7:15 pm


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