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MACATAWA BANK v. WIPPERFURTH

Docket No. 300451.

822 N.W.2d 237 (2011)

294 Mich. App. 617

MACATAWA BANK v. WIPPERFURTH.

Court of Appeals of Michigan.

Decided November 8, 2011, at 9:10 a.m.

Attorney(s) appearing for the Case

Steven E. Bratschie & Associates, P.C., Kentwood (by Scott Mancinelli and Julianna Hyatt-Wierzbicki ), for Macatawa Bank.

Law, Weathers & Richardson, P.C., Grand Rapids (by Michael J. Roth ), for Kurt and Janice Wipperfurth.

Before: JANSEN, P.J., and SAWYER and SHAPIRO, JJ.

PER CURIAM.

Defendants in this appeal argue that plaintiff may not garnish their individual retirement accounts (IRAs) in Michigan. We agree and reverse the order of the circuit court.

The facts in this case are undisputed. Defendants reside in Florida and have not maintained a home in Michigan for many years. On February 19, 2010, plaintiff obtained a judgment against defendants in the Kent Circuit Court for $42,622.13. Plaintiff then filed a request for...

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