Prince Corp. v. Vandenberg

In 1997, James Vandenberg and three other individuals (collectively, the intervenors) acquired real estate as tenants-in-common. During the time they owned the property, James accumulated personal debts resulting in encumbrances being filed against the property. In 2011, James and the intervenors contracted to sell their property to Van De Hey Real Estate, LLC on land contract. Prince Corporation subsequently filed a garnishment summons and complaint seeking to garnish Van De Hey’s final payment as partial satisfaction of its judgment against James. The intervenors intervened in the action. The circuit court entitled Prince to garnish 1/4 of the full contract price. The intervenors then impleaded the Department of Revenue (DOR) as an interested party and moved for partition. The circuit court entered an order holding that the Department of Revenue (DOR), rather than Prince, was entitled to garnish 1/4 of the land contract proceeds due to the DOR’s superior tax warrants. The court also denied the interveners’ request to partition the real estate. The Supreme Court reversed in part and affirmed in part, holding (1) the DOR was entitled to garnish from the final land contract payment the amount that James could require be paid to him from that payment; and (2) the circuit court did not err in refusing to partition the property. Remanded. View "Prince Corp. v. Vandenberg" on Justia Law