SMAL CLAIMS QUESTION

[BABYT3000]

I LIVE IN SOUTH CAROLINA AND SOMEONE FILED A CLAIM ON ME FOR A BILL OWED BY MY DAUGTHER WHO WAS 18 AT THE TIME THAT SHE AQUIRED THE BILL. WE WENT TO COURT AND THE JUDGE STATED THAT I WAS IN NO WAY RESPONSIBLE FOR THAT BILL AND SHOULD NOT HAVE BEEN BROUGHT TO COURT FOR IT. THE PERSON WON THE CLAIM AGAINST MY DAUGTHER. MY DAUGHTER DID NOT PAY AND NOW THE PERSON HAS FILED AN EXECUTION AGAINST ME AND MY DAUGHTER. CAN THIS PERSON DO THAT?

 

[JETX]

"Can they", yes, since they obviously did.

The real question is "what impact on you?". The answer is very little. You can either be passive about the matter and tell anyone who shows up to attempt enforcement that you are NOT included in the order (make sure you have a copy of the court judgment to show them - ask the court clerk for an Abstract). This step should pretty much 'kill' that attempt for execution.

OR

You can contact the creditor in writing (certified RRR) and demand that they remove your name from any enforcement processes since you are not included in the judgment rendered by the court. Then, if/when they try to make service on you, you can file a claim against them.

OR

You can contact the court and make sure that they cease any attempts to include you in the judgment enforcement.