Legal Question in Credit and Debt Law in California
My mother-in-law is 76 years old. She does not have a job and her only income is from Social Security. She owns a 1969 Mobile Home that is in a mobile home park and a 1996 Pontiac. She lost her job when the department store she worked many years for went bankrupt, her retirement was in store stock and the little amount she received is gone now. She has no savings. She is being sued by a debt collection agency for the amount of appx $3,700.00, she received a court summons. She lives in California. Is she considered judgment proof, does she need to respond to the court summons if she is judgment proof. If the collectors get a judgment against her can they take her mobile home or car? Can they in anyway collect from her considering the circumstances?
2 Answers from Attorneys
Unfortunately there really isn't anything that makes you judgment proof. If there is a judgment they agency could execute on property to enforce the judgment... She should respond to the judgment. Default judgments are never good.
Does your mother own the mobile home outright? Or, is there a mortgage? What is the value of the vehicle?
If the creditor obtains a default judgment, they can try to execute on the property, depending on their respective values. California has fairly generous exemption values but to rely on them is risky.
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