Can I go after the defendant now that he is an adult? 16 Answers as of February 17, 2012

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?

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David F. Stoddard
David F. Stoddard | David F. Stoddard
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.
Answer Applies to: South Carolina
Replied: 12/3/2011
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
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.
Answer Applies to: Iowa
Replied: 12/1/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
Not unless the judgment is against him.
Answer Applies to: New York
Replied: 11/30/2011
R. D. Kelly Law Firm, P.L.L.C.
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
Judgments are, in general, enforceable for 10 years and renewable for another 10 years. RCW 6.17.020 (http://apps.leg.wa.gov/RCW/default.aspx?cite=6.17.020). Read the specific language on the judgment to see what it says regarding who it is against. In general, the statute of limitations requires commencement of a lawsuit for a personal injury within three years. RCW 4.16.080 (http://apps.leg.wa.gov/RCW/default.aspx?cite=4.16.080). The main person legally responsible for the injuries to another is the person (if any) who acted negligently. If the negligent party was a minor, the minor owes the injured party for the damages. Of course, many minors are judgment-proof due to insufficient assets and minors can sometimes avoid debts by declaring bankruptcy, too. RCW 4.24.190 establishes an action against parents for willful injury to person or property by a minor by saying the following: "The parent or parents of any minor child under the age of eighteen years who is living with the parent or parents and who shall willfully or maliciously destroy or deface property, real or personal or mixed, or who shall willfully and maliciously inflict personal injury on another person, shall be liable to the owner of such property or to the person injured in a civil action at law for damages in an amount not to exceed five thousand dollars. This section shall in no way limit the amount of recovery against the parent or parents for their own common law negligence. [1996 c 35 2; 1992 c 205 116; 1977 ex.s. c 145 1; 1967 ex.s. c 46 1; 1961 c 99 1.] (http://apps.leg.wa.gov/RCW/default.aspx?cite=4.24.190). Parents are usually not automatically vicariously liable for the torts of their children, but where parents knew or should have known of a child's dangerous proclivities, then the parents may be liable for negligent supervision. Sun Mountain Productions, Inc. v. Pierre, 84 Wn. App. 608, 929 P.2d 494 (1997) (http://www.mrsc.org/wa/courts/index_dtSearch.html).
Answer Applies to: Washington
Replied: 11/30/2011
Law Offices of Minh C. Wai, P.C.
Law Offices of Minh C. Wai, P.C. | Minh C. Wai
You should consult with a personal injury attorney in your area to go over more facts about your situation. Generally a case that has gone to judgment will act as a bar against you in a subsequent case that may conflict with the original case. Depending on the theory by which you obtained your judgment, the possibility does exist that you can pursue a claim against the adult person now.
Answer Applies to: Indiana
Replied: 11/30/2011
Law Office of Joshua Pond | Joshua Pond
I hate to say this, but the only real answer you should receive to this question is: it depends. There may be a way to go after him or her for the money owed on a judgment, but the devil is certainly in the details.
Answer Applies to: Oregon
Replied: 11/30/2011
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You would have to have a judgment against the child (now adult). A child is not responsible for the debts of a parent.
Answer Applies to: North Carolina
Replied: 11/30/2011
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
You can only collect from the person named as the defendant in the lawsuit.
Answer Applies to: Michigan
Replied: 11/30/2011
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
The judgment is only good for 10 years. So, if it's less than that, the answer is "yes"
Answer Applies to: New York
Replied: 11/30/2011
Craig Kelley & Faultless
Craig Kelley & Faultless | David W. Craig
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.
Answer Applies to: Indiana
Replied: 11/30/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Yes. Your judgment is valid for 10 years and can be renewed for another 10 before it expires.
    Answer Applies to: Michigan
    Replied: 11/30/2011
    Terpak Law | Stephen Michael Terpak
    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.
    Answer Applies to: Virginia
    Replied: 11/30/2011
    Broad Law Firm, LLC
    Broad Law Firm, LLC | Donald K. Broad
    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.
    Answer Applies to: Indiana
    Replied: 2/17/2012
    Counard & Heilmann Law Office | Michael Heilmann
    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.
    Answer Applies to: Michigan
    Replied: 11/30/2011
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    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.
    Answer Applies to: Virginia
    Replied: 11/30/2011
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