SUPERIOR Court Associate Judge Wesley Bogdan has vacated previous judgment and dismissed with prejudice five small claims cases against an elderly couple, Enrique Henry Sablan and Remedio Santos.
Judge Bogdan also suspended all payment orders against the couple.
“Enrique Sablan and Remedio Santos [the defendants] live and get-by only on Social Security benefits,” the judge said in his order. “They have for several years now used their Social Security benefits to make monthly installment payments to judgment creditors under the threat of contempt of court and other judicial proceedings.”
However, the judge said, “under federal law, Social Security benefits are not subject to execution, levy, attachment, garnishment or other legal process. Defendants did not know that their sole source of income was exempt from judicial process.”
For their part, the “plaintiffs’ legal counsel [who represented all four plaintiffs in this group of cases], did nothing to stop the improper collections and insists that these payments are appropriate,” the judge said.
The plaintiffs are represented by attorney Michael White.
Background
Mr. Sablan suffered a stroke, walks slowly with a cane, has no assets or money in the bank, and does not work.
Ms. Santos does not work and has no assets.
The plaintiffs are L7Q’s Corporation, Dial Rent-to-Own and composed of two no longer active business entities: Sablan Enterprises Inc. and Union Bank.
It is unclear who receives the payments made toward the judgment of the defunct businesses.
Superior Court records and files for these cases are incomplete.
In December 2022, the plaintiffs’ legal counsel submitted three proposed orders for the court to consider.
The three proposed orders set out the plaintiffs’ recollection of the procedural and substantive histories of these cases dating back to 1996.
The court said it was unaware of and cannot independently confirm the information in the plaintiffs’ proposed orders or the amounts of any of the judgments issued in the cases.
“Plaintiffs’ legal counsel is aware of the absence of court records in these cases, but he has not provided the court with any copies of any previous court order which may be in his possession addressing these unknowns,” the court said.
In his 15-page order, Judge Bogdan vacated the judgement orders and dismissed with prejudice small claims cases 96-1144, 96-1327, 97-0285, 97-0277, and 97-0278.
“All payment orders requiring defendants to pay any money on the judgment in small claim case No. 14-051 are hereby suspended,” the judge said. “Defendants are under no obligation at this time to make any further payments to attorney Michael White’s Law Office in connection with any of these cases.”
Moreover, the order directed White to verify the debts at issue and provide the court with supporting evidence such as ledger, account card, etc.
Judge Bogdan likewise ordered the plaintiffs’ attorney not to meet or communicate with the couple about the small claim cases unless ordered by the judge.
