Legal Question in Credit and Debt Law in California
Collection of Defaulted Note from Non-U.S. defendants
As executor of an estate, I am trying to collect on a note which debtors are refusing to pay. Balance due is approx. $7,000 USDollars. Note was signed in Palm Springs, CA; decedent lived in Palm Springs until his death in 6/03. Payments on note were current until creditor's death. Now, debtors refuse to honor remaining balance on note. Debtors live in Nova Scotia, Canada, and I have the original note as well as past payment records (confirmed by debtors in writing) documenting $7,000 current balance.
What can I do to:
1. File claim against debtors
2. Collect judgement
2 Answers from Attorneys
Re: Collection of Defaulted Note from Non-U.S. defendants
Then once you get permission from probate court you can file a lawsuit in Cal for the balance of the note due. It sounds like there is a very good chance you will get a default judgment. Enforcing the judgment will be tricky, if not impossible. Probably the easiest way to enforce the judgment is to find out if the debtors own any assets in California--for a reasonable fee a private investigator can find out if the debtor owns any assets in Cal. Then you can seize those assets or put a lien against them. You can seize assets in other states, but the costs start to get higher and probably not worth the amount it will cost to pursue those assets. The cost for seizing assets in Canada, if you are able, will be very, very high. You could also try contacting an attorney in Canada and find out what, if anything can be done there.
Re: Collection of Defaulted Note from Non-U.S. defendants
Before you do anything you should go to the court for permission to do what you are planning to do, including filing a suit to enforce the rights of the estate. Even compromising that claim. etc.
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