Can someone with a judgment against my adult child who does not live in my home, seize my property?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can someone with a judgment against my adult child who does not live in my home, seize my property?
Someone called at 5:45 pm , saying they had a summons and were coming to my home tomorrow morning to remove my property to satisfy a judgment against my daughter. She is 28, married, and has not lived in my home since she was 19 or 20. They agree that I am not legally responsible for her. They allege they did an investigation which showed that she resides at my address. Both of the people I talked to said she receives mail here, which is also not true.
Asked on October 28, 2010 under Bankruptcy Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Even if you daughter lived at your house, that would not matter; you are not responsible for the actions of an adult, even an adult child, simply because she lives at your home. (That would be like taking a landlord's property because a tenant is liable for something.) Possibly they think that some of the property at your home is your daughter's and therefore are trying to take her property to satisfy a judgment (which they still need the proper court order for); you can challenge that by showing or proving that it's your property, not hers. Or *possibly* if your daughter committed the action giving rise to liability while still a minor and its just taken a few years for the case to go to court, a judgment, and no an action to enforce the judgment, you might be liable on that ground: a parent can be responsible for the actions and liabilities of a minor child. You should retain an attorney to help you resolve this situation.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.