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Money Judgement and Writ of Execution Please Help!?

Hi, so here is a little background information first. I live in California. My parents are divorced and at the time they had 50/50 custody of me. My father, being a conman, lived in a luxurious house which he could not afford rent. He is self employed in the real estate market. For months my father could not pay rent and kept filing motions to keep him in the house without paying for as long as possible. His landlord filed a judgment against him and won. But the thing is, the judgment he filed for applies not only to my father, but against me and my 3 siblings (3 out of 4 were minors at the time) who were also partially living there at the time. Now all 5 of us are entitled to owe $12,390.00. I was 15 at the time the motion was placed. Not only did I have nothing to do with my father's debt but I was struggling to get full custody with my mother and leave my father and now I am responsible to pay his rent debt! The landlord filed for a writ of execution so now he can go after my bank accounts and any titles I may possess.

I am 17 now and will be a legal adult in less than 3 months. I have heard anything from suing my father to filing bankruptcy to deal with this situation. Please, I really need advice. Should I take legal action as a minor or wait until I am 18? Whom should I file a suit with or should I file bankruptcy?

3 Answers

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  • 1 decade ago
    Favorite Answer

    Deal with it now because a minor cannot be held to any contract. No one can get a civil judgment against a minor, except through the parent or guardian who is the FINANCIALLY RESPONSIBLE PARTY, not the minor. Period. It's invalid. You cannot be held responsible for paying your father's rent, your own rent or your dog's kennel rent because you are a minor.

    Any landlord would know that.

    You are either misunderstanding or not being told the truth.

  • St N
    Lv 7
    1 decade ago

    Get a public defender and file information or a motion or whatever with the judge who granted the awards showing that you were a minor and could not be held legally responsible for your father's debts. At the same time, file a lawsuit against your father for your portion of the award plus all costs associated with getting yourself cleared. Ask your lawyer about adding punitive costs against your father for inconvenience and mental anguish. Advise your siblings to do the same.

  • 5 years ago

    in case you may no longer collect yet could have related the condo earnings as you defined, then you certainly could have a case for malpractice. in case you will collect, then you certainly will possibly no longer have numerous a case. you may refer to a clean criminal expert focusing on criminal malpractice approximately it.

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