Legal Question in Bankruptcy in California

Judgement Proof?

About a year ago i asked a question if my parents were judgement proof. They are both in their eighties and only have social security to live on. At that time I was informed they should be because they have nothing but the basics, they rent and have no car. They ran up a big credit card debt because of their advanced age they had no idea what they were doing. They were just served a summons to appear in court becuase of a suit to recover $1,200.00 from one of several credit cards. They owe about $27,000 total from 5 to 6 different credit cards. What I would like to know is should I appear in court in their behalf because they definately cannot (my Dad is can't even see well anymore)and plead to the court that that there is nothing that can be recovered by showing them that there is nothing? Or should I ignore the summons.


Asked on 5/09/04, 3:20 am

1 Answer from Attorneys
Phillip A. Strickland Law Offices

Re: Judgement Proof?

If your parents are judgement proof, then why bother going to court at all? Anyway, I would assume that the credit card company's claims will be quickly proven and a judgment seems like a formality; and as you arent an attorney you couldnt represent them before the court. I realize that you are in a tough spot and want to do whats right by your parents. I would advise calling the cc's attorney and simply inform him of the situation your parents are in. I would do this for all the credit card companies that your parents are behind with. This will not stop the judgment already in motion and it probably will not stop the other creditors from "going through the motions" of collecting thier debt. But it will most likely stop future litigation or post-judgment collection.

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Answered on 5/09/04, 4:19 am


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