Legal Question in Credit and Debt Law in California

Re: Wrongful Judgment

Its going to be virtually impossible to set aside a judgment that is now nine years old, even if you could prove that your father fraudulently obtained the card in your name. You have a few options. First, it sounds like you may well be judgment proof. That simply means that you have no assets they can levy against to satisfy the judgment, and no income to garnish. As such, there isn't a lot they can do to force you to repay the debt (can't get blood from a stone). You'll have to put up with their harassment in terms of collection efforts, but you aren't going to go to jail over something like this. Your other option is to file bankruptcy, however, I cannot recommend you do it without first consulting an attorney. There are a lot of rules that one must comply with, and you need to be sure your bankruptcy filing would not appear to be abusive. Unfortunately, I don't believe there are any legal-aid resources available to help you file. Check with your local legal-aid society and see if you can get a referral to a bankruptcy attorney. Sorry to hear about your situation.

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