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Old 01-02-2002, 07:36 PM
ACLEAR
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judgement


i am in california. i am in the process of helping my parents clean up their credit(dad disabled and early retirement). they have one creditor who has a judgement against them for a $2500 debt. they are seeking a $4500 for this judgement and have said they are willing to settle for $3000. they want to pay this creditor , but do not have the cash right now(social security/ pension/ fixed income). what are the consequences of letting this go to judgement? do they need to go to court? the creditor , law office has said they could issue a warrant and arrest my mom for not paying or showing up to court. this cannot be right. thanks
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Old 01-13-2002, 12:00 PM
JenniferH
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You state that they have a judgment against them, but in the same sentence you ask what consequences they have if they let the judgment go. What is it? They have a judgment against them, then there was already a court date and a decision by the judge was made. The creditor can pursue legal collections.

If what you meant they were served court papers to go to court for a possible judgment, then I suggest that they go. You state that they acknowledge the debt and they are unable to pay. Have they tried to talk to the creditor on a payment plan?

No, I don't think they will be arrested. However, CA allows, bank levies, asset siezure and the like. Wage garnishment as well, but it sounds like your parents are retired, so that would not be suitable.

They MAY be arrested though (again I am not fully familiar w/ ca law) if they are ordered to show up to an Oral Exam (financial/asset exam) by the creditor and don't, then they could be arrested. Again, you don't make yourself very clear and I don't know the situation nor the laws of your state, so this is the best I can do for you.

I am not an attorney and this is NOT legal advice.
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