Debt still valid if plaintiff dies?

[SDMJ6]

I am in California. Is an unpaid judgement still a valid debt after a plaintiff dies? Can the judgement be left as part of the estate and still be collected on? Thanks.

 

[seniorjudge]

See subsequent posts.

I think I must've been asleep on that one!

 

[JETX]

Q: Is an unpaid judgement still a valid debt after a plaintiff dies?

A: Yes. If the plaintiff left no assets, you'll never collect. If a probate estate was opened, file a claim in the probate estate and hurry. Claims periods are usually pretty short.


Q: Can the judgement be left as part of the estate and still be collected on?

A: I don't think judgment are inheritable; did you mean you want to will the judgment to someone?

You are apparently 'confused' as to the parties to a suit.

The CORRECT answers are:
Q: "Is an unpaid judgement still a valid debt after a plaintiff dies?"
A: Yes. The judgment becomes part of the judgment creditors estate... just like any other asset.

Q: "Can the judgement be left as part of the estate and still be collected on?"
A: Yes, see above.

 

[I AM ALWAYS LIABLE]

You are apparently 'confused' as to the parties to a suit.

The CORRECT answers are:
Q: "Is an unpaid judgement still a valid debt after a plaintiff dies?"
A: Yes. The judgment becomes part of the judgment creditors estate... just like any other asset.

Q: "Can the judgement be left as part of the estate and still be collected on?"
A: Yes, see above.

My response:

In addition to the above correct response, if the judgment includes General Damages ("pain and suffering"), that part of the judgment "dies" along with the plaintiff. Only actual damages (out-of-pocket damages) survive the death of a judgment creditor.

IAAL

 

[JETX]

My response:

In addition to the above correct response, if the judgment includes General Damages ("pain and suffering"), that part of the judgment "dies" along with the plaintiff. Only actual damages (out-of-pocket damages) survive the death of a judgment creditor.

IAAL

We missed your incredible 'presence' on the forum. Glad to have you back!!

 

[I AM ALWAYS LIABLE]

We missed your incredible 'presence' on the forum. Glad to have you back!!

My response:

Haven't had much time lately. Been in trial - - and I'm STILL in trial! Hopefully, this bullsh!t will go to the jury on Monday afternoon, but we have one more expert witness to call on Monday morning. One can only hope, but if there's rebuttal witness testimony, it won't go to the jury until Tuesday or even, God forbid, Wednesday. Wish me luck on my Closing Arguments to the jury!

IAAL

 

[seniorjudge]

My response:

Haven't had much time lately. Been in trial - - and I'm STILL in trial! Hopefully, this bullsh!t will go to the jury on Monday afternoon, but we have one more expert witness to call on Monday morning. One can only hope, but if there's rebuttal witness testimony, it won't go to the jury until Tuesday or even, God forbid, Wednesday. Wish me luck on my Closing Arguments to the jury!

IAAL

Good luck.

 

[JETX]

Wish me luck on my Closing Arguments to the jury!

May the jury return in 15 minutes with a verdict in your clients favor!! And if a civil matter, include your requested 'reasonable and customary' legal fees!!

 

[I AM ALWAYS LIABLE]

My response:

Gracias, me amigos!

It's an Elder Abuse case, so if I win, attorney's fees and costs are built into the Statute. So, all I need is "Judgment for Plaintiff", and I add my attorney's fees and costs to the awarded judgment!

Thanks again, guys!

IAAL

 

[seniorjudge]

My response:

Gracias, me amigos!

It's an Elder Abuse case, so if I win, attorney's fees and costs are built into the Statute. So, all I need is "Judgment for Plaintiff", and I add my attorney's fees and costs to the awarded judgment!

Thanks again, guys!

IAAL

I can't stand people who abuse the elderly, kids, or dogs.