Legal Question in Elder Law in California

Am I entitled to recover monies...

I was a co-defendant, with my father, in a civil hearing in the early 90's. My father and I were pro per, no attorney. For whatever reason, my father refused to attend the hearing, and a default judgment was entered against both of us for $60k. Ten yrs go by, and I get served with the judgment and ordered to show my assets. The Plaintiffs wanted to ''get'' my father, and tried to use the threat of going after me as leverage against my father. My father didn't budge, as his only source of income was Social Security. Left with no options, I settled for $5,000.00. I paid off the judgment in 2004. To make a long story short, can I recover this money from my father? Problem...He's 83, declared incompetent, has an appointed Conservator, and is struggling medically. However, he has just received a large sum of money from Social Security, and I understand that that money is untouchable except for pre-needs or other specific things. Do I have any chance of recovering this money, or part of it? I never sued my father, so I do not have any kind of judgment against him.

Thanks...


Asked on 11/11/08, 3:00 pm

1 Answer from Attorneys

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Am I entitled to recover monies...

Good question. Was your father included in the $5,000 settlement? If not, then they can still collect from him and I doubt you have any actionable claim.

Read more
Answered on 11/11/08, 9:00 pm


Related Questions & Answers

More Elder Law questions and answers in California