Legal Question in Credit and Debt Law in California

Re: Enforcement of Judgment for a disabled senior

First of all she is judgment proof. They can't touch her social security check.

Second, if they filed a case and falsely claimed to have served her, especially if the case was filed more than four years after the breach of contract, they could owe her for violation of the Fair Debt Collection Practices Act.

Third, you should write to the people, certified mail return receipt requested (or preferably have an atty do this) telling them she is blind, 88, and disabled. Then if they were to obtain a warrant for her arrest (new laws would probably prevent a surprise arrest) you could only dream of the free lawsuit she would have.

Please email me with the case number and title of the case, and your and her contact information and the name of her legal conservator if any. If possible obtain a copy of the court file from the clerk's office and fax it to me, or I can look it up if need be. The important info is the date the lawsuit was filed and the date the last (missed) payment was due.

Re: Enforcement of Judgment for a disabled senior

No, No, Yes. They cannot take her social security check, and she cannot be arrested for failing to pay a judgment. She theoretically could be arrested for failing to appear at an examination of debtor--but this is highly unlikely given her situation. Police have discretion in these situations. This is what I recommend: Do nothing. Let the creditor spend all the money and time it wants chasing an empty bag. If you do speak to the creditor, you might not want to tell them your mom has nothing so the creditor keeps spending even more money trying to collect nothing. Let the creditor get what it deserves: a monetary loss.