Legal Question in Real Estate Law in California

Swindler

When someone calls you a swindler on the phone and constantly repeats that

without telling you the actual

facts, which has really no basis.


Asked on 4/09/09, 1:26 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Swindler

Code of Civil Procedure 527.6 covers civil harassment and obtaining restraining orders. I am somewhat doubtful that the situation qualifies, but it's up to the judge, not me, to decide that. Look up the section, then contact the clerk of the civil department of the court with jurisdiction for instructions on when and how to apply. You'll probably need to fill out and file Judicial Council Form CH-100, which is available on line or from the clerk.

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Answered on 4/09/09, 3:41 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Swindler (civil harassment order)

I'm not sure I understand, but if you're seeking a restraining order against them, you can petition the court for a civil harassment order preventing them from calling you.

Your local court in California should have the forms available and some offer free help in completing them.

The caller can still pursue any legal remedies he/she has against you to get back whatever money they can prove you've "swindled" from them, if any.

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Answered on 4/09/09, 1:49 pm


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