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I won my lawsuit but the defendent drowned in a privatel pool

Redondo Beach, CA |
Filed under: Personal injury

i was in a lawsuit for fraud i had to go to court agaisnt my dad he wasnt the one behind it it was my brother and sister they wanted my house that ive paid for 17years any ways they lost the jury awarded me 20,000 and 560,000 and the house had to give back the 560,000 because it was double jepordy the jury thought that it was pretty bad what they were trying to do any way my father drowned in my sisters pool while she and her husband were gone for the weekend this was neglect he was 83 and living in the garage next to the pool now i have no way to collect my judment i need help to collect

Attorney Answers 3


  1. If you have a judgement against someone who passes away, generally speaking you need to timely file a claim against his estate. There are procedural requirement you must comply with. You need to contact a local attorney asap to protect your interests.

    The information provided herein does not create an attorney client relationship and is provided for general purposes only. You should consult and retain an attorney to protect your interests.


  2. If there were assets and no estate has been set up in an effort to avoid a judgment, the judgment creditor (you) can set up an estate and pursue its assets. If there were no assets, you are out of luck, of course. Talk to the lawyer who represented you in the fraud claim. Apparently he or she did a good job.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.


  3. If you are the Judgment Creditor you must file a claim against the estate of the decedent defendant. You can proceed against the estate as if you collect against any living debtor but must locate assets.

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