Legal Question in Personal Injury in California
Paying for a Dog Bite Suit
My grandparents were sued for their dog biting and killing a neighbors dog. They were ordered to pay a monetary amount. However, they are on a fixed income. My grandmother wrote a letter to the people that were suing stating this and said she would pay them in monthly payments of $10. She attached the letter with the first check and sent it. The people cashed the check and several others that followed. Now, my grandparents received a letter stating a lein has been placed on their house for lack of payment. Wouldn't cashing the check for the first payment act as an acceptance to a contract to accept monthly installments for their payment? Can they legally place a lein on the house? Any information would be helpful.
2 Answers from Attorneys
Re: Paying for a Dog Bite Suit
If they obtained a judgment against your grandparents, they may record the judgment with the county recorder in each county where your grandparents own property. The judgment will then become a lien on the propety.
However, the only way the lien really has an impact is when and if your grandparents refinance or sell their property. Courts are extremely reluctant to order the sale of a person's residence to satisfy a judgment. However, it can be done if the creditor has exhausted all other means to obtain payment on the judgment.
Acceptance of partial payments is not an agreement to an installment plan.
I'm surprised your grandparents homeowners insurance didn't cover the dog incident. Did they have insurance?
Re: Paying for a Dog Bite Suit
No. Yes. Interest is accruing on the unpaid amount at 10% per annum. Getting an equity loan will allow a payoff at less cost. Arrange an equity loan and negotiate a payoff of the judgment for a reduced amount. Cash talks. The other party may well be willing to take 80 cents on the dollar or even less just to be done with it.
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