Legal Question in Civil Litigation in Arizona

A person and her husband swindled me out of many thousands of dollars. I filed a claim against them in court and I won, whereupon they immediately filed bankruptcy.

Does the law consider this (as I do) a crime? Elder abuse? (I am 73 years old) Do I have any recourse now? I now live in Arizona and they are in California.

Asked on 2/21/12, 2:14 pm

1 Answer from Attorneys

Jeremy Claridge Byrne & Benesch

Unfortunately in your case, there are no debtor's prisons anywhere in the United States. If the action occured in California, you can work with California law enforcement to file a criminal fraud action against them. The criminal action is not barred by your civil suit. In Arizona, a felony fraud scheme can be charged within 7 years after it happens. When the court orders restitution, the order is judgment proof. Unlike a civil judgment, bankruptcy cannot touch it. California laws may be similar, but it is going to be more difficult now that you are not a resident of California.

Good luck. Sorry that happend to you.

Read more
Answered on 2/21/12, 3:39 pm

Related Questions & Answers

More General Civil Litigation questions and answers in Arizona