Mom lied

[mollym.sequoia@]

What is the name of your state? Idaho
I have a judgment against a loser who comes from a wealthy family. Before entering into contract, this persons mom gave me a handwritten signed letter stating that she is responsible for her daughters expenses. Now that I have the judgment, which is against the daughter, can I use that statement to bring the mom in for an asset examination? If she refuses, can I sue her for fraud?

 

[Just Blue]

What is the name of your state? Idaho
I have a judgment against a loser who comes from a wealthy family. Before entering into contract, this persons mom gave me a handwritten signed letter stating that she is responsible for her daughters expenses. Now that I have the judgment, which is against the daughter, can I use that statement to bring the mom in for an asset examination? If she refuses, can I sue her for fraud?

In 2018 you had a remarkably similar situation that was in California and the mother in that case gave you a verbal promise to pay.

https://forum.freeadvice.com/threads/guarantor-to-lease.648188/#post-3560825

 

[Zigner]

What is the name of your state? Idaho
I have a judgment against a loser who comes from a wealthy family. Before entering into contract, this persons mom gave me a handwritten signed letter stating that she is responsible for her daughters expenses. Now that I have the judgment, which is against the daughter, can I use that statement to bring the mom in for an asset examination? If she refuses, can I sue her for fraud?

The answer is no. You have no judgment against mom.
Why is there a different set of facts here than there was previously (as pointed out above)?

 

[Eekamouse]

Is this a scam you run against "losers" who come from wealthy families?

 

[Taxing Matters]

What is the name of your state? Idaho
I have a judgment against a loser who comes from a wealthy family. Before entering into contract, this persons mom gave me a handwritten signed letter stating that she is responsible for her daughters expenses.

Why is she allegedly responsible for her daughter's expenses? In what circumstances did she provide you this note? Note that just a note saying she's responsible for her daughter's expenses isn't by itself enough for you to go after the mother's assets to pay the daughter's judgment.

 

[Mass_Shyster]

You could sue mom for breach of contact.
I'm not sure it's an enforceable contract, or if she can claim that you failed to name her in your suit against daughter so waived that agreement.

 

[Taxing Matters]

You could sue mom for breach of contact.
I'm not sure it's an enforceable contract, or if she can claim that you failed to name her in your suit against daughter so waived that agreement.

Obviously we need more facts to know if this was a mere promise of some kind, a contract, a debt guarantee, or something else. The biggest problem with this being a contract is that I see no consideration mentioned that the OP would provide the mother. The OP ought to take what she has to an attorney so that all the details can be reviewed to see if she has anything to work with here.

 

[Just Blue]

Obviously we need more facts to know if this was a mere promise of some kind, a contract, a debt guarantee, or something else. The biggest problem with this being a contract is that I see no consideration mentioned that the OP would provide the mother. The OP ought to take what she has to an attorney so that all the details can be reviewed to see if she has anything to work with here.

The link I posted on post 2 has more information.

 

[Taxing Matters]

The link I posted on post 2 has more information.

Even assuming that situation is the same one that the OP is talking about now that other thread does not contain nearly enough information to determine if the OP might succeed in a claim against the mother. Although one thing is pretty clear if this is the same situation as the other thread: there'd be no claim for fraud.

 

[zddoodah]

I have a judgment against a loser who comes from a wealthy family. Before entering into contract, this persons mom gave me a handwritten signed letter stating that she is responsible for her daughters expenses. Now that I have the judgment, which is against the daughter, can I use that statement to bring the mom in for an asset examination?

No. Why didn't you sue the mother at the same time you sued the daughter?

If she refuses, can I sue her for fraud?

Anyone can sue anyone for anything, but nothing you wrote is even close to fraud. What you've described is some sort of debt owed to you by the daughter, which you didn't describe, and a guarantee by the mother (whether it's enforceable is a different story, but that's what you've described). You should have sued the daughter for whatever it was and, as part of the same case, sued the mother for breach of personal guaranty. Now you'll have to incur additional expense to sue the mother separately.

 

[mollym.sequoia@]

In 2018 you had a remarkably similar situation that was in California and the mother in that case gave you a verbal promise to pay.

https://forum.freeadvice.com/threads/guarantor-to-lease.648188/#post-3560825

Its the same case. I secured the judgment against the daughter. The mom got a fancy lawyer who filed a demurrer. I couldn't afford my own lawyer and was non match for hers, so I dropped the case against the mom but did it without prejudice. A lawyer did tell me I could c use her letter to collect on the judgment, but I'm not sure how that would work.

 

[mollym.sequoia@]

Its the same case. I secured the judgment against the daughter. The mom got a fancy lawyer who filed a demurrer. I couldn't afford my own lawyer and was non match for hers, so I dropped the case against the mom but did it without prejudice. A lawyer did tell me I could c use her letter to collect on the judgment, but I'm not sure how that would work.

The letter she gave said that she is responsible for c all of her daughters expenses. She signed it. I said x verbal agreement because it was easier than explaining it all back then, and I didn't know if i still had the letter. I do have the letter, however.

 

[mollym.sequoia@]

No. Why didn't you sue the mother at the same time you sued the daughter?



Anyone can sue anyone for anything, but nothing you wrote is even close to fraud. What you've described is some sort of debt owed to you by the daughter, which you didn't describe, and a guarantee by the mother (whether it's enforceable is a different story, but that's what you've described). You should have sued the daughter for whatever it was and, as part of the same case, sued the mother for breach of personal guaranty. Now you'll have to incur additional expense to sue the mother separately.

Breach of personal guarantee. That sounds like a good approach. The breach took place in California and was for a rental that was damaged and back rent. In California there are papers we are supposed to have any cosigners sign with the lease. I did not have her do that because I had the letter she gave me. I put idaho as the state because she lives in idaho and I have to enforce the judgment against the daughter there because that is where her money is because the mother manages the money of the judgment creditor (the mother was the one that gave me the signed letter.)

 

[mollym.sequoia@]

No. Why didn't you sue the mother at the same time you sued the daughter?



Anyone can sue anyone for anything, but nothing you wrote is even close to fraud. What you've described is some sort of debt owed to you by the daughter, which you didn't describe, and a guarantee by the mother (whether it's enforceable is a different story, but that's what you've described). You should have sued the daughter for whatever it was and, as part of the same case, sued the mother for breach of personal guaranty. Now you'll have to incur additional expense to sue the mother separately.

I tried to sue the mother at the same time, but she got a really fancy lawyer who in turn filed a demurrer. I didn't have a lawyer and couldn't afford one because I had to repair the rental her daughter damaged. I couldn't go up against her good lawyer so I dismissed the mom without prejudice. Since the agreement was a tenant issue, in California there is a paper I was supposed to have them sign and attach to the lease for the mom to be a cosigner. I didn't do that because she gave me a signed statement instead. I didn't know if I was screwed since I didn't have the correct form. With the demurrer hanging over me I was scared of being counter sued so I dismissed the mom (without prejudice)

 

[Zigner]

Again, without a judgment against the mother, you cannot pursue court-sanctioned collection against the mother.