Judgement Lifted

[missflo1959]

What is the name of your state? New Mexico

My stepfather had a judgment filed against him by a business partner, about twelve years ago. At this time, my mother and stepfather were not married. In any case, he was unable to pay it since it was quite a large sum but about 3 years ago, he approached the ex-partner and told him that if he would lift or release the judgment, he would agree to pay him $ 500.00 each month until it was paid. They came to terms and my stepfather entered into a promissory note which was escrowed. The terms of the note stipulated that if a payment was missed, the original judgement would be renewed and again filed in the court records.

Well, my stepfather religiously made the payments, just recently, passed away, and my mother is unable to continue these payments. Since her name is neither on the original judgment nor the promissory note, what is her obligation, if any? Can this man renew this judgement against my stepfather even though he is deceased? Can he get a judgement against the estate or against my mother since they owned most property jointly with rights of survivorship?

Thanks!

 

[Betty]

The creditor will have to make a claim against the estate of your stepfather. New Mexico is a community property state - however, a spouse is not responsible for debts incurred by the other spouse before marriage. The creditor can go after jt. assets though (assets that have both your mother's & stepfather's name on them but the ones with right of survivorship should be safe). Assets in your mother's name only should be safe from seizure too.