My mom was involved in a small claims court case in which she owes someone approximately $5000 + court fees. This debt was from 2012 and my mom was making small payments but stopped due to losing her job. She was unable to pay the full amount during the time of the case in November 2016 (we are experiencing difficult financial circumstances). The creditor did not want to mediate and the judge stated that he couldn't force my mom to pay the full amount if she was not able to. My mom started paying installment payments in December 2016 (the case was in November). The creditor is refusing the payments and keeps stating she wants to be paid in full, which my mom is still unable to do given our difficult situation. What is her next step in paying the creditor or what are my mom's options?
1 Answer from Attorneys
Thank you for helping out your mother. Your mother could file a claim of exemption with the court if and when they try to attach her wages (if any) or bank account if she can't make payments. Additionally, if other debts are also overwhelming, she might consider seeking bankruptcy relief to wipe out most every unsecured debt (credit cards, judgments, etc.). She should have a lawyer in her area review her finances to see if she would qualify.
Related Questions & Answers
I have a promissory agreement with "Joe. I leant him 7,000 usd on December 17,... Asked 1/10/17, 6:40 am in United States California Consumer Law
I purchased a 2007 BMW 5 series less than 2 months ago from a small dealership AS... Asked 12/31/16, 6:35 am in United States California Consumer Law
I found an old rusty nail stuck in my tortillas (middle of bag, no holes and not... Asked 12/22/16, 5:55 pm in United States California Consumer Law
I purchased a used vehical 3weeks ago the check engine light has turned on twice do... Asked 12/07/16, 10:36 am in United States California Consumer Law
In Dec 25, 2001, My daughter was in a great deal of pain. As i attended to her , I... Asked 10/24/16, 9:39 pm in United States California Consumer Law