QUESTION
Can I go after the defendant now that he is an adult?
Asked on Nov 27th, 2011 on Personal Injury - Virginia
More details to this question:
I received a judgement in civil suit. The actual defendant at the time of the incident was a minor so responsibility fell on the parent. The parent has passed away and I have never received any payment. Can I, now that the defendant is of age, go after him to pay the judgement?
13 ANSWERS
Personal Injury (Plaintiff) Law Attorney serving Wheaton, MD
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The Law Offices of Paul A. Samakow, P.C.
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Yes.
Answered on Jun 02nd, 2013 at 9:17 PM
General Practice Attorney serving Indianapolis, IN
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Broad Law Firm, LLC
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In Indiana, if the judgment was against BOTH the minor and his parents, then you can pursue collection of the judgment against the minor at any time. However, if the judgment was only against the parents, you generally cannot turn around later and sue the minor just because he turned 18. You should consult a personal injury attorney in your area to be certain of your rights.
Answered on Feb 17th, 2012 at 12:13 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It depends on who the Judgment is against and how old the judgment is. If the judgment is against the parent, you cannot pursue the child to collect the judgment. Judgments expire after 10 years. If the judgment hasn't expired, and it is against the parent, you can pursue the judgment against the parent's estate, if there is one.
Answered on Dec 03rd, 2011 at 12:31 AM
Yes. There are laws (rules) that govern judgments in Iowa having to do with extending the affects of judgments I believe past 10 years. It's been a long time since I've dealt with that issue and I don't want to guess so see a lawyer. Take to the lawyer the paperwork of the original judgment. Be ready to pay the lawyer 50% of the collected amount as a fee. Judgments are traditionally tough to collect. That's why the percentage is so high.
Answered on Dec 01st, 2011 at 9:20 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Not unless the judgment is against him.
Answered on Nov 30th, 2011 at 10:44 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You would have to have a judgment against the child (now adult). A child is not responsible for the debts of a parent.
Answered on Nov 30th, 2011 at 8:14 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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The judgment is only good for 10 years. So, if it's less than that, the answer is "yes"
Answered on Nov 30th, 2011 at 7:34 PM
Steven D. Dunnings
You can only collect from the person named as the defendant in the lawsuit.
Answered on Nov 30th, 2011 at 7:34 PM
Truck Accidents Attorney serving Indianapolis, IN
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Craig, Kelley and Faultless LLC
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It depends on who the judgment was against. If the judgment was against the minor who now is of age you can attempt to collect against him. If not then the answer if probably no. However if the judgment was against the parent who has died you may be able to file a claim against her/his estate.
Answered on Nov 30th, 2011 at 5:23 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Yes. Your judgment is valid for 10 years and can be renewed for another 10 before it expires.
Answered on Nov 30th, 2011 at 5:21 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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Did you actually get a judgment against the person you want to now pursue? If so, you have 18 years to collect on the judgment. I do not understand how you sued a minor and obtained a judgment against the parent.
Answered on Nov 30th, 2011 at 4:55 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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I have not seen the judgment but in general a judgment in Michigan is good for ten years. You should contact a collection lawyer who may pursue the judgment.
Answered on Nov 30th, 2011 at 4:54 PM
Employment & Labor Attorney serving Arlington, VA
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Terpak and Associates, PLLC
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Yes. Judgments in General District Court are good for 10 years, and in Circuit Court they are good for 20 years. Judgments may also be extended.
Answered on Nov 30th, 2011 at 4:53 PM