Legal Question in Credit and Debt Law in California

I am holding a money judgment in excess of $30K and trying to bring the judgment debtor into court for eamination. They are hiding. I did have them served about a year ago and they asked through an attorney to make payments to me instead of going to court for examination. I agreed and they paid for 4 months before stopping and disappearing again. The attorney who called me claimed to not be representing the judgment debtor but did contact me and was in fact negotiating on the debtors behalf. My question is: Can I now serve the attorney as the legal representative of the judgment debtor based on the prior circumstances even though he claims to not be representing them? It seems his actions trump his denial of responsibility. Would the court agree?


Asked on 2/08/11, 11:13 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

If the attorney filed a document with the court that shows he represents the judgment debtor, you can serve the attorney. Otherwise, you should personally serve the judgment debtor, if you can.

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Answered on 2/08/11, 11:56 am


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