Legal Question in Credit and Debt Law in California

Can someone hide behind a temporary restraining order to avoid being served with a small claims complaint? I am a licensed contractor and a customer failed to pay me nearly $2,500 that he owes me. When I told him I intended to file a mechanics lien and take him to small claims court he went straight and got a TRO preventing me from contacting him directly or directly in any way and prohibiting me from "financial abuse." Does this mean I can't even file a small claims complaint against him now? This is in San Mateo County.


Asked on 6/26/14, 8:41 pm

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

It is impossible to properly answer your questions without seeing the TRO. Contact a local attorney for further assistance. You will need to show the attorney the order and explain your story.

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Answered on 6/27/14, 6:45 am

I recently handled two civil harassment TRO cases in San Mateo County. They pretty much automatically issue the "emergency" TRO and do not review the case until the first hearing. If the customer has a lawyer, you better get one. The last thing you need is a CLETS restraining order on record when you try to run your business. If the customer is doing this themselves, you may be able to handle it yourself, but it is always risky going to court on something that will be on record for 5-7 years if it doesn't go your way.

Turning to your specific question, no. No TRO prohibits the restrained person from filing legal papers or otherwise using the court system. Only a declaration that you are a vexatious litigant would do that. You would have to have them served by someone other than yourself, and make sure they have no other contact with the customer, but that is a requirement in starting any collection action. The claimant can never serve the papers themselves.

It seems, however, that it would be better to just deal with the TRO, since you should have a hearing in a matter of a few weeks, and then proceed with collections knowing the TRO has been thrown out, or at least what the long term limitations are.

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Answered on 6/27/14, 9:09 am


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