Legal Question in Wills and Trusts in California
Judgement on a civil case
My mother passed away 5 years ago. When she was alive, she sued a man who took 15,000 from her to market an exercise video (I was involved in the making of the exercise video which was a sub-s corporation). She sued him and won by default (he did not appear) a total of $15,000 plus $100,000 punitive damages. We have been renewing the judgement for 20 years now (judgement was in 1986). The plaintiff was herself, and another party that she named because they were trying to find this guy so we could collect some of our money (it is a people search corporation that is the other plaintiff). My mother has since passed away and the judgement was recently renewed. Does this fall into her estate? My mother wanted me to keep the judgement going and my father said he wanted to turn it over to me. How do I get this in my name? Or are the remaining plaintiff's entitled alone to any monies they can collect? Thank you for your advise.
3 Answers from Attorneys
Re: Judgement on a civil case
If your mother was the judgment creditor (plaintiff) then her estate is entitled to recover. You need to be her personal representative to pursue the matter.
Re: Judgement on a civil case
The estate may collect. Why has it not been collected on in the past? Call me directly at 16192223504.
Re: Judgement on a civil case
The judgment should have been distributed to your mother's heirs during the probate process. If there is an official order from the probate court, it can be used to transfer the judgment to your name. You can then proceed against the debtor.
Do you know if the judgment debtor has any assets? If so, I can help you; I specialize in post-judgment collection matters. Feel free to contact me if you'd like to discuss this further.
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