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deep pockets-collection

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zinjim

Junior Member
What is the name of your state? California

Does the law allow 'debt collections' to also include attaching or going after my immediate family members (?)(ala deep pockets...),, were being that I've some costly legal proceedings against me which is hugely out of my league, now can my household be liable?. Not, only is concern for married spouse, but my adult son is in question, and father who lives with me?!...
 


zinjim

Junior Member
deep pockets clarifying

debtcollector` said:
yes no maybe.... clarify your question.
If I cannot pay this jugement but that my 'fathers name and address' is same as my own, can he then be held liable and facing debt collections? Or that if I file for bankruptcy, this is one big concern putting others in jeapordy, with 3 family members present, can my legal proceedings against me be only mine to deal with? My age is 54, though not a property owner at all, but renter only. And, this said incident invoking me being sued had zero proximity to my home or family members altogether. And thank so much, for your time and advise!
 

Debt Guy

Senior Member
You are the only person responsible for your debt. However, in CA, your spouse is also responsible if the debt was incurred during the marriage (that community property thingy).

The fact that your father and you have the same name and address is going to be confusing to everyone and it is possible, even probable, that creditors will make demands on your father mostly because they can't tell the difference between the two of you. It is even possible that your father can be sued in error and he absolutely must not ignore any such lawsuit.

If you file BK, make sure the attorney understands the potential for identity confusion.
 

mb94

Member
Also, if any of the debts had were co-signed by family members (or anyone, really) you can be sure that the creditors will be going after them when they realize you can't pay. And there is not really anything you can do about that.
 

zinjim

Junior Member
deep pockets clarifying thanks you all!

As I've been attempting to gain information along this legal twisted path, is comforting to get the "smart-guy's opinion's, which together help enlighten us all who otherwise are hoplessly aimless, I thank you so much! I'll be checking back at bankruptcy items for probable Att. ref.
 

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