Legal Question in Credit and Debt Law in California
Can I file an ex parte restraining order on the plaintiff for trying to collect it's judgment in a small claims case before the 30 days to appeal the judgment is up? The plaintiff also has continually harassed both my parents at their place of employment demanding they pay the debt for me..is there anything i can do legally to the plaintiff so there is a penalty or criminal charge I can enforce upon the plaintiff for disregarding my cease and desist notification to not contact me or my parents , regarding this matter???
1 Answer from Attorneys
The appeal only means that the plaintiff cannot use formal court methods to enforce the judgment such as wage garnishment. There is no law against asking someone to pay a judgment before the appeal period expires.
If this is a consumer debt, you might have a claim for unfair debt collection practices under California's Rosenthal Act and you should consider consulting with an attorney to see if you have a claim. You and your parents might report this conduct to the police to see if might be considered harassment or stalking. Finally, you might consider taking out a civil harassment restraining order if it continues.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
