Legal Question in Civil Litigation in California
deceased creditors or plantiffs
If a judgement is only issued in one spouse's name agaisnt a service provider, and the named spouse expires before the judgment is collected, can the living spouse collect on the judgment? The court clerk implied that because the named party has now expired-- so has the judgment. Does the judgment become property of the estate? Can the estate assign the judgment to someone for collection?
2 Answers from Attorneys
Re: deceased creditors or plantiffs
The judgment would belong to the estate. And money judgments are usually assignable. Let us know if you need help in the collection process. We have had much success in this area.
Re: deceased creditors or plantiffs
Yes. If it's a small estate, the administrator can collect without probate, and can send a demand. See Probate Code ��13101 to create an affidavit: http://www.sco.ca.gov/col/ucp/ucpforms/forms/declaration.pdf
NOTE: Clerks are not permitted to dispense legal advice.
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