Do/can judgments survive the death of the person who is owed the money.

[mike myers]

What is the name of your state (only U.S. law)? NYS

I anticipate filing and winning a civil judgement for my elderly mother from NYS against a contractor who is incorporated. I anticipate he will not pay. If she dies before the judgement is satisfied will the debt die with her. If, as I suspect, the laws are made to the benefit of contractors can anything be done to allow her estate to enforce the judgement. Why would anyone pay a judgement if the person who was owed the money was sick or old...seems unfair if it is the case. Thanks

 

[Zigner]

As an attorney, you should know this, or at the very least, know how to figure it out. If you're not an attorney, then how do you expect to file a lawsuit on someone else's behalf?

 

[ShyCat]

Judgments are not extinguished by the death of the person granted the judgment. The executor of your mother's estate would be responsible for collecting on the judgment, if possible.

 

[latigo]

What is the name of your state (only U.S. law)? NYS

I anticipate filing and winning a civil judgement for my elderly mother from NYS against a contractor who is incorporated. I anticipate he will not pay. If she dies before the judgement is satisfied will the debt die with her. If, as I suspect, the laws are made to the benefit of contractors can anything be done to allow her estate to enforce the judgement. Why would anyone pay a judgement if the person who was owed the money was sick or old...seems unfair if it is the case. Thanks

Clearly you are not an attorney and hence won't be filing any lawsuits on behalf of your mother. Because if you were, you would know that by operation of law any such outstanding judgment would become property of the estate of the deceased judgment creditor. Nor would you be talking about suing "a contractor who is incorporated"!

 

[HRZ]

DO your mother a favor and have her use a lawyer with some,track record of having successfully sued contractos of this type ....