Legal Question in Civil Litigation in Michigan

Small Claims moved to District Court

I am recently divorced, my ex was awarded in the final judgement that I was to pay 1/2 of the attorny fee's on a card card issue that happen two years before the divorce. now his attorny is suing me for 1/2 of the ammount. Why? I believe this is his debt and he has to sue me not his lawyer. he has not hired this lawyer to collect this debt. I don't think this lawyer has any right or standing to bring any action against me. My ex has too. Am I right or wrong?


Asked on 6/26/03, 3:50 pm

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: Small Claims moved to District Court

This should have been resolved in the divorce judgment, because apparently you are not clear as to whom the debt is due.

If the debt is to your Ex, hsi attorney has no right to sue you on his own behalf to get it; the only person who can sue you is your Ex. HOWEVER, if the judgment is worded appropriatey, the debtmay be transferred to the attorney himself, in which case you DO have to pay the attorney directly. In any event, he is a beneficiary of the judgment and may have the right to sue as the real party in interest.

Bottom line: no one can tell you that without looking at the judgment of divorce and the new lawsuit.

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Answered on 6/26/03, 4:01 pm


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