Legal Question in Civil Litigation in Michigan

sale of house

Recently my ex-husband and I sold what had been the marital home. We both signed the documents, including the disclosure statement.All known problems were on the statement. The property was sold as is. the buyer had it inspected four times prior to closing. Now comes the buyer & her attorney with a lawsuit against me. This was in the wrong forum, as the purchase agreement calls for arbitration. My former spouse has been excluded, but his lawyer is helping the buyer. I have been hospitilzed on numerous occasions which left me unable to respond to the complaint. The complaint was not sum certain. A default judgment was placed against me in the amount of $22,000. I have no assets and my income consists of disabilty payments & spousal support. My bank account was garnished. I will be entering a claim of exemption & a motion for dismissal. My ex-spouse gave the judgment creditor my social security#, my bank name and account#. He told her when he deposits the spousal support payment as well as the amount. Would not a good attorney recognize that I am non-collectible? Is this action of garnishing my account knowing the monies are exempt and excluding my ex-spouse from the legal action be considered harassment? Thanks!


Asked on 4/14/05, 6:10 pm

1 Answer from Attorneys
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: sale of house

First, you need to file a motion to set aside the judgment. I do not believe your spousal support is exempt from garnishment or that the actions of your husband or his attorney are harrassment. You need to hire an attorney quickly.

Good luck.

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Answered on 4/15/05, 1:46 am


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