Legal Question in Civil Litigation in Arizona
A person and her husband swindled me out of many thousands of dollars. I filed a claim against them in court and I won, whereupon they immediately filed bankruptcy.
Does the law consider this (as I do) a crime? Elder abuse? (I am 73 years old) Do I have any recourse now? I now live in Arizona and they are in California.
1 Answer from Attorneys
Unfortunately in your case, there are no debtor's prisons anywhere in the United States. If the action occured in California, you can work with California law enforcement to file a criminal fraud action against them. The criminal action is not barred by your civil suit. In Arizona, a felony fraud scheme can be charged within 7 years after it happens. When the court orders restitution, the order is judgment proof. Unlike a civil judgment, bankruptcy cannot touch it. California laws may be similar, but it is going to be more difficult now that you are not a resident of California.
Good luck. Sorry that happend to you.
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