Legal Question in Civil Litigation in California

I live in turlock ca. My exboyfriend let me borrow $20,000 (2006 when we were only friends). I made four payments. The promisser note was due in full one year later on ags 2007. On Dec 2006 wr started dating and he told me that I did not have to pay him back. Our relationship lasted for 2 years. Later in 2009 I started dating someone and he asked to go back with him or give his money back. On Jan 2010 I got suit that his lawyer filed in Sacramento since he lives there.

Can he still suit me?

How can I move it back to my town since note was sing here in Turlock, we both live here in Turlock we never did anything in Sacramento. Also, can he still suit me for $20k an interest for prev 4 years and legal cost. He never sent an invoice or statment or anything to report to IRS that interest was runnin for all this time.


Asked on 2/04/10, 2:04 pm

2 Answers from Attorneys

You can sue someone for anything. The question is whether there is any chance of succeeding. If he has a signed promissory note, and you have no evidence except your word against his that the said you didn't have to pay him back, and you never got the note back or had it destroyed, then he has a pretty good chance. The statute of limitations is four years from the breach, so the suit is within the time limit. You may have defenses, but he certainly has enough to file and proceed with the suit.

As for the location, you are right that they do not have a right to maintain the action in Sacramento County if you don't live there and nothing to do with the debt was done there. In order to dispute it, though, you first need to file an answer and then a motion to change venue. I'd have to hit the books to be sure but I also think I remember something about a special rule that penalizes plaintiffs or their lawyers for knowingly filing a debt collection action in the wrong county.

Read more
Answered on 2/09/10, 2:30 pm
Daniel Bakondi The Law Office of Daniel Bakondi

It is not a question of CAN he sue you. He IS suing you. If you do not respond to the lawsuit properly, with the help of a qualified attorney immediately an within the time allowed, you automatically lose, cant present any evidence, r make any arguments, and he can go ahead and start garnishing bank accounts, wages, and put liens on your property. So, you must properly respond to the lawsuit or else you lose all your rights. I can assist you if you would like, and see if we can get the suit thrown out, or settle for a much smaller amount. Act now. Do not delay. You cannot be even one day late or you lose all your rights. You may contact my office for a free consultation.

Best,

Best,

Daniel Bakondi, Esq. [email protected] 415-450-0424

IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.

Read more
Answered on 2/09/10, 2:33 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California