Legal Question in Civil Litigation in Michigan

lawsuit entered into wrong forum

What are the chances of collecting monetary damages resulting from lawsuit entered when it should have been arbitrated?The purchase agreement arbitration clause was misunderstood by buyers attorney and I was sued.A default judgment was awarded because a serious health issue prevented me from responding.My income is social security disabilty and exempt from garnishment.I entered a motion and the judgment was stayed. The judge explained the meaning of arbitration and ordered teh case to be abribtrated.The complaint contained a figure of $2,300. The default judgment was sum certain in the amount of $22,000.Judge was suspect of the true object of the lawsuit.My former husband was a co-seller but was not included in the lawsuit.He has supplied the buyer with my social security number without my consent.A disclosure statement signed by both sellers was signed and all known problems were stated. Structural damage was noted and the property was inspected four times by purchasers' chosen inspector.Property was bought ''AS IS''.The purchaser knows I have no assets to attach and my income is exempt.Would this be viewed as harassment and frivilous?Is it unlawful for my ex husband to give my soc # without my consent? Thanks for the help!


Asked on 4/27/05, 5:52 pm

1 Answer from Attorneys
Blake Lipman Law Office of Blake P. Lipman

Re: lawsuit entered into wrong forum

You can file a motion with the court to have the default judgment set aside, arguing that the court had no jurisdiction and the default was taken during a time you were incapacitated with illness. Short of that, the judgment will stand and the plaintiff/creditor can take all steps available to collect on the judgment. That is assuming you have any assets. For more info, please contact my office at (248)851-3171.

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Answered on 4/28/05, 9:27 am


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