Collection Case, next step ?

[b01g]

STATE : CA
COURT: Superior court of San Francisco
DEFENDANT : My mother
PLAINTIFF: American Express

[HR]History of actions[/HR]

SEP-10-2009 Exempt collections (Rule 3.740), complaint filed by plaintiff AMERICAN EXPRESS BANK FSB.
OCT-28-2009 Summons on complaint declaration of diligence, proof of service only, filed by plaintiff AMERICAN EXPRESS BANK FSB.
DEC-28-2009 CRC 3.740 REVIEW. (212)
FEB-18-2010 Declaration pursuant to CCP 395(b); venue for personal, family or household obligations filed by AMERICAN EXPRESS BANK FSB.
FEB-24-2010 Answer to complaint filed by defendant
FEB-25-2010 Case management conference set for APR-16-2010
APR-01-2010 Notice of time and place of trial, court trial set for JUL-19-2010
APR-02-2010 Case management statement filed by plaintiff AMERICAN EXPRESS BANK FSB
JUN-14-2010 Notice requesting and requiring parties to attend trial, trial brief, request for statement of witness and evidence filed by plaintiff AMERICAN
EXPRESS BANK FSB
JUN-14-2010 Declaration in lieu of personal testimony filed by plaintiff AMERICAN EXPRESS BANK FSB
JUN-14-2010 Memorandum of costs and disbursements, $399.50 total costs, mature date jun-21-2010, filed by plaintiff AMERICAN EXPRESS BANK FSB
JUL-19-2010 Master court calendar of JUL-19-2010 assigned to court trial.
JUL-19-2010 Dismissal without prejudice of complaint as to defendant does 1 to 10
JUL-19-2010 Court trial on JUL-19-2010 off calendar - judgment entered.
JUL-19-2010 The court ordered the following judgment entered: it is adjudged that plaintiff AMERICAN EXPRESS BANK FSB recover from defendant
$13,966.51 principal, $1,223.62 interest, $399.50 costs, total judgment $15,589.63.
JUL-20-2010 Mini-minutes for JUL-19-2010
SEP-13-2010 Cost bill after judgment, $.00 credit acknowledged, $192.21 interest, $.00 costs filed by plaintiff AMERICAN EXPRESS BANK FSB
SEP-13-2010 Execution for money issued to San Francisco county as to defendant.
OCT-06-2010 Abstract of judgment issued to plaintiff AMERICAN EXPRESS BANK FSB
MAR-22-2011 Return of execution for money issued to San Francisco county, returned and filed, unsatisfied as to defendant.
JUN-13-2011 Cost bill after judgment, $.00 credit acknowledged, $1,319.76 interest, $180.00 costs filed by plaintiff AMERICAN EXPRESS BANK FSB
JUN-13-2011 Execution for money issued to San Francisco county as to defendant.
JAN-10-2012 Return of execution for money issued to San Francisco county, returned and filed, unsatisfied as to defendant.
DEC-28-2015 Substitution of attorney.
DEC-29-2015 Abstract of judgment issued to plaintiff AMERICAN EXPRESS BANK FSB.

Summary
My mother was sued in 2009 by American Express. She asked a lawyer for help, paid him 1500$ so he could take care of this, but the only thing he did is just write a letter. We didn't know anything about the trial, plaintiff won it by default because nobody showed up. Last year we found out that the lawyer died. Now after so many years we received a Disposition Subpoena ( Feb 15th 2016) for production of business records. My mother, who is almost 60 years old, was shocked to find out that she owns now around 18 thousands dollars to the bank. As you can see the case is a few years past judgment, not sure what we can do by this point. We went to a paralegal and he told us that the best option would be to reach a settlement. Another option is an agency that offers free legal help for seniors and persons with disabilities, and as my mother is almost 60 in May, maybe we can write them some letter do delay the subpoena until then.

What do you think would be our next step?
How to check what is the exact amount that we own at this point ? ( I looked up the case online, didn't find anything )

Please, give us some advice, we appreciate any insight.
Thanks to everyone in advance for their time.

 

[Zigner]

STATE : CA
COURT: Superior court of San Francisco
DEFENDANT : My mother
PLAINTIFF: American Express

[HR]History of actions[/HR]

SEP-10-2009 Exempt collections (Rule 3.740), complaint filed by plaintiff AMERICAN EXPRESS BANK FSB.
OCT-28-2009 Summons on complaint declaration of diligence, proof of service only, filed by plaintiff AMERICAN EXPRESS BANK FSB.
DEC-28-2009 CRC 3.740 REVIEW. (212)
FEB-18-2010 Declaration pursuant to CCP 395(b); venue for personal, family or household obligations filed by AMERICAN EXPRESS BANK FSB.
FEB-24-2010 Answer to complaint filed by defendant
FEB-25-2010 Case management conference set for APR-16-2010
APR-01-2010 Notice of time and place of trial, court trial set for JUL-19-2010
APR-02-2010 Case management statement filed by plaintiff AMERICAN EXPRESS BANK FSB
JUN-14-2010 Notice requesting and requiring parties to attend trial, trial brief, request for statement of witness and evidence filed by plaintiff AMERICAN
EXPRESS BANK FSB
JUN-14-2010 Declaration in lieu of personal testimony filed by plaintiff AMERICAN EXPRESS BANK FSB
JUN-14-2010 Memorandum of costs and disbursements, $399.50 total costs, mature date jun-21-2010, filed by plaintiff AMERICAN EXPRESS BANK FSB
JUL-19-2010 Master court calendar of JUL-19-2010 assigned to court trial.
JUL-19-2010 Dismissal without prejudice of complaint as to defendant does 1 to 10
JUL-19-2010 Court trial on JUL-19-2010 off calendar - judgment entered.
JUL-19-2010 The court ordered the following judgment entered: it is adjudged that plaintiff AMERICAN EXPRESS BANK FSB recover from defendant
$13,966.51 principal, $1,223.62 interest, $399.50 costs, total judgment $15,589.63.
JUL-20-2010 Mini-minutes for JUL-19-2010
SEP-13-2010 Cost bill after judgment, $.00 credit acknowledged, $192.21 interest, $.00 costs filed by plaintiff AMERICAN EXPRESS BANK FSB
SEP-13-2010 Execution for money issued to San Francisco county as to defendant.
OCT-06-2010 Abstract of judgment issued to plaintiff AMERICAN EXPRESS BANK FSB
MAR-22-2011 Return of execution for money issued to San Francisco county, returned and filed, unsatisfied as to defendant.
JUN-13-2011 Cost bill after judgment, $.00 credit acknowledged, $1,319.76 interest, $180.00 costs filed by plaintiff AMERICAN EXPRESS BANK FSB
JUN-13-2011 Execution for money issued to San Francisco county as to defendant.
JAN-10-2012 Return of execution for money issued to San Francisco county, returned and filed, unsatisfied as to defendant.
DEC-28-2015 Substitution of attorney.
DEC-29-2015 Abstract of judgment issued to plaintiff AMERICAN EXPRESS BANK FSB.

Summary
My mother was sued in 2009 by American Express. She asked a lawyer for help, paid him 1500$ so he could take care of this, but the only thing he did is just write a letter. We didn't know anything about the trial, plaintiff won it by default because nobody showed up. Last year we found out that the lawyer died. Now after so many years we received a Disposition Subpoena ( Feb 15th 2016) for production of business records. My mother, who is almost 60 years old, was shocked to find out that she owns now around 18 thousands dollars to the bank. As you can see the case is a few years past judgment, not sure what we can do by this point. We went to a paralegal and he told us that the best option would be to reach a settlement. Another option is an agency that offers free legal help for seniors and persons with disabilities, and as my mother is almost 60 in May, maybe we can write them some letter do delay the subpoena until then.

What do you think would be our next step?
How to check what is the exact amount that we own at this point ? ( I looked up the case online, didn't find anything )

Please, give us some advice, we appreciate any insight.
Thanks to everyone in advance for their time.

for $18,000 it's worth it for your mom to talk to an attorney about this matter. I see that you keep saying that your mom is 59, but age, in and of itself, doesn't mean that your mom is otherwise incapable of handling this.

 

[latigo]

First I have a question which is how did you arrive at mom owing "around 18 thousand dollars" on a judgment for $15,899 that has remained totally unsatisfied since it was entered in July 2010? Statutory interest has accumulated at $1092 per year!

Secondly, if she wants to pay a lawyer to somehow wrangle a delay in responding to the subpoena duces tecum fine, but it is not going to go away. Eventually she will need to comply and if she doesn't she is going to be in court answering to a judge and be assessed the attorney fees it cost the judgment creditor's to get her there.

The best advice is that given by the paralegal. That, or if she would qualify, rinse the judgment in bankruptcy.

 

[Mark Maroon]

My mother was sued in 2009 by American Express. She asked a lawyer for help, paid him 1500$ so he could take care of this, but the only thing he did is just write a letter. We didn't know anything about the trial, plaintiff won it by default because nobody showed up. Last year we found out that the lawyer died.

If you were not properly served, then you might be able to strike the judgment, depending on your retainer agreement with your attorney, you might be able to sue the estate of the attorney. You would need an attorney to help with either approach.

 

[Zigner]

If you were not properly served, then you might be able to strike the judgment, depending on your retainer agreement with your attorney, you might be able to sue the estate of the attorney. You would need an attorney to help with either approach.

Of course, you don't mean "you" (ie: the OP), right?

 

[Mark Maroon]

Of course, you don't mean "you" (ie: the OP), right?

Hunh? I quoted the OP as saying that their mother was sued by American Express. Rather than saying "your mother" blah blah, I simply said "you". By "you" I meant the defendant who was sued by American Express (ie. the OP's mother). I thought that was kind of obvious.

 

[Zigner]

Hunh? I quoted the OP as saying that their mother was sued by American Express. Rather than saying "your mother" blah blah, I simply said "you". By "you" I meant the defendant who was sued by American Express (ie. the OP's mother). I thought that was kind of obvious.

The obvious never is. My clarification was just as much for the OP as for you.