Can someone with a judgment against my adult child who does not live in my home, seize my property?

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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 10 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.


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