Before the judgement is paid
2007-02-07 00:15:15 · 10 answers · asked by ladybug 5 in Politics & Government ➔ Law & Ethics
You would only owe the estate. But not everyone has an estate. Estates are public knowledge. Get in contact with the Clerk of Court. If there is no estate, you have to get a judge to remove the lien since it was a judicial matter.
2007-02-07 01:57:43 · answer #1 · answered by withluv7 3 · 0⤊ 0⤋
1. Assuming the defendant has been properly notified of your suit, you can get a default judgment against him. This will likely be of minimal value to you, as many people without insurance do not have the money or assets that can be used to satisfy the judgment. 2. If this was a hit-and-run accident, I assume that the defendant committed some sort of traffic infraction that was the underlying cause of the accident. If so, have you been subpoenaed as a witness in the criminal case? If criminal charges are pending, many states will allow you to ask the judge to issue a restitution order against the defendant for the damages you incurred. Again, if the defendant has no assets, this may be of little value to you. 3. How do you know he didn't have insurance? Was he the owner of the vehicle? Was he using the vehicle in the course of his job? 4. If the damage to your vehicle is at all serious, or if you required ANY medical attention at all, it is in your best interests to consult with a personal injury attorney as soon as possible. These attorneys work on a contingent basis, meaning that you do not pay them unless they are able to recover damages on your behalf.
2016-05-24 02:40:34 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I believe only a competent Probate attorney can answer this question. However, you should be prepared that your creditor may process some refilings in order to transfer the case into the name of the estate.
The answer is definitely not - gee, the creditor died, and I'm off the hook. Our company has collected on judgments on behalf of estate creditors, so I know it can be done.
2007-02-07 10:10:12 · answer #3 · answered by DMEdwards 2 · 0⤊ 0⤋
A judgment becomes an asset of the estate of the deceased. The executor/executrix of the estate has a fiduciary duty to the estate to collect the debt if possible.
2007-02-07 01:06:27 · answer #4 · answered by Anonymous · 0⤊ 0⤋
This is my guess.
They can't enforce the judgement because it's in the wrong name.
They could issue a new judgement, and the old judgement would
stay on file which would be bad for your credit rating.
Better just to pay it if you can.
2007-02-07 00:30:58 · answer #5 · answered by jewelking_2000 5 · 0⤊ 1⤋
I believe you need to file another motion to modify/eliminate the former judgment and of course, you will need to file and get on a court docket.
2007-02-07 00:19:48 · answer #6 · answered by suburbandude 2 · 0⤊ 0⤋
I would hope it then goes to the estate. Good question though.
2007-02-07 00:18:54 · answer #7 · answered by justme 6 · 0⤊ 0⤋
You would still owe the money to the estate.
2007-02-07 00:49:50 · answer #8 · answered by Enchanted 7 · 0⤊ 0⤋
Wow good question! I guess you'd have to pay their estate or their spouse?
2007-02-07 00:18:32 · answer #9 · answered by Edith Piaf 4 · 0⤊ 0⤋
You can't collect on it anymore since they are dead...common since
2007-02-07 00:18:36 · answer #10 · answered by osunumberonefan 5 · 0⤊ 1⤋