Legal Question in Civil Litigation in California

My sister just got a summons from a credit collection company about her credit card debt. my sister is very ill, disabled, and was wondering since she has no money and owns nothing, what can they do legally to her?


Asked on 12/10/10, 11:22 am

2 Answers from Attorneys

If she does not respond, they can get a default judgment against her. Then there isn't much they can do now if she is "judgment proof." However, the judgment is good for ten years. So if she ever gets any income or assets they can come after them, with interest from when the judgment was entered. They can also renew the judgment every ten years until she dies. So if she ever gets money in her lifetime they can come after it. So, depending on her circumstances and life expectancy, bankruptcy may be a better way to go than ignoring it.

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Answered on 12/15/10, 11:34 am
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

Have you or your sister tried talking with the attorney who filed the complaint. If you have not it might be worth a call as even if they can't ultimately collect anything because your sister is judgment proof, they will continue to harass her. If you don't respond and they get a default judgment they could also try and levy on any bank accounts, however minimal they might be. Even if she were entitled to exemptions this would, again, cause her continuing annoyance. Good luck.

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Answered on 12/16/10, 10:25 am


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