QUESTION

what happens if u get taken to court and you get a judgement against you and you cant pay

Asked on Feb 05th, 2018 on Breach of Contract - Michigan
More details to this question:
i borrowed 6000.oo dollars from a freind sadly he died a week later i sgned a note to repay him but it wasnt notarized.now his daughter who he hasnt seen him in 20 years wants me to pay her or she will take me to court
Report Abuse

1 ANSWER

Appellate Practice Attorney serving New York, NY
If a judgment is entered against you and you can't pay, the creditor will begin collection procedures, i.e. garnish your wages, have your property auctioned off, etc.  You didn't ask, but I can't help but chime in that you do not owe the daughter anything; you owe your friend's estate, and only a representative of the estate (executor or administrator) can properly sue you for it.  This will probably require a beneficiary of the estate to start a court proceeding to get the court to authorize him or her to act for the estate. It may be that the daughter is the sole beneficiary, but it may also be that your friend had creditors who would be paid first from the estate and/or other beneficiaries who are entitled to their share of the money, or the daughter may not even be a beneficiary at all.  In any of these cases, paying the daughter will not satisfy your obligation to the estate. 
Answered on Feb 06th, 2018 at 3:08 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters