You can do a lot of things in civil court you cannot do anywhere else. Take civil judgments and collections, for example. You can sue just about anyone for anything. Get a judgment against them and you have a legal authority to force payment. It is an amazing thing. For right or wrong, civil judgments and collections in this country have few boundaries.
A case in point is a recent summary judgment against a Michigan couple. The judgment itself is not so unusual. What makes the case is the defendant: he is the couple’s 42-year-old son. He went after his parents for disposing of his extensive collection of pornography and sex toys.
The U.S. District Court hearing the case ruled in the son’s favor. A summary judgment was entered against the parents, who must now pay tens of thousands of dollars. Their lawyer is currently working on producing an estimate that the court will eventually have to review and approve.
How It Happened
The son temporarily moved in with his parents following a divorce several years ago. He eventually moved to Indiana. At that time, he expected his parents to ship his belongings to his new home. They shipped everything but his pornography and sex toy collection. Most of the items from that collection were disposed of. However, a few items the parents thought could potentially be illegal were stored in a safe deposit box, just in case.
A lawsuit against the parents stated that the materials disposed of were irreplaceable. Furthermore, the court determined that the man’s parents, by keeping some of the items in a safe deposit box, kept said items for their own use. That was one of the pivotal points of the case.
The parents felt they were doing the right thing by their son. However, federal courts do not look at the moral or ethical aspects of such cases. They only look at the legal aspects. And in this case, the parents did not have the right to dispose of their son’s property.
What Happens Next
It is now up to the attorneys to determine the value of the disposed property. Once determined, the parents will be required to pay. Note that a summary judgment gives the son legal recourse for forcibly extracting payment from his parents. He could seize and sell some of their assets, for example.
Judgment Collectors, a Utah judgment collection agency based in Salt Lake City, says the judgment could eventually wind up with an agency like theirs. If it did, the collection agency would actually purchase the judgment from the son at a reduced value. It would then be the agency’s right and responsibility to collect.
The son’s attorney could also act as the judgment collector. Attorneys sometimes do this with the understanding that their legal fees will be deducted from what they collect. It is not clear how collection will be pursued in this case.
If They Can’t Pay
There is a possibility that the parents don’t have the means to pay the judgment. It could be that they do not possess any nonexempt assets worth any value. In such a case, the only recourse would be to garnish the parents’ wages – only if they are working. If not, the debt could actually be judgment proof.
If nothing else, the case proves that there are few boundaries when it comes to judgments and judgment collections. Anyone with a lawyer and a case can sue. That is the way our system works. The system isn’t perfect, but it works for those who know how to take advantage of it.