Legal Question in Consumer Law in California

My mom was involved in a small claims court case in which she owes someone approximately $5000 + court fees. This debt was from 2012 and my mom was making small payments but stopped due to losing her job. She was unable to pay the full amount during the time of the case in November 2016 (we are experiencing difficult financial circumstances). The creditor did not want to mediate and the judge stated that he couldn't force my mom to pay the full amount if she was not able to. My mom started paying installment payments in December 2016 (the case was in November). The creditor is refusing the payments and keeps stating she wants to be paid in full, which my mom is still unable to do given our difficult situation. What is her next step in paying the creditor or what are my mom's options?


Asked on 1/13/17, 7:22 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Thank you for helping out your mother. Your mother could file a claim of exemption with the court if and when they try to attach her wages (if any) or bank account if she can't make payments. Additionally, if other debts are also overwhelming, she might consider seeking bankruptcy relief to wipe out most every unsecured debt (credit cards, judgments, etc.). She should have a lawyer in her area review her finances to see if she would qualify.

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Answered on 1/14/17, 12:36 pm


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