Legal Question in Business Law in California
civil lawsuit for business fraud
i'm being sued for business fraud by my former employer. i'm not guilty but i don't really have the financial resources to fight it. at the moment they have not been able to serve me but i understand that they can get around that in other ways by publishing or whatever. my question, if they go forward with the case and i haven't been formally served and i don't attend the court hearings, what can they do? let's say they win. if i'm living in another state, is it enforcable in the new state? the case has been filed in los angeles, ca. could they garnish my wages if i'm living in las vegas? as a side note, i will probably be able to avoid being served in person, as i am staying with friends and don't have a listed address at the moment.
2 Answers from Attorneys
Re: civil lawsuit for business fraud
They can get a default judgement by serving you via publication. They can then take the California Judgment and have it "domesticated" in other states, including Nevada. They can then pursue you there, garnishing wages, etc.
JOEL SELIK
ATTORNEY, CALIFORNIA/NEVADA
www.seliklaw.com
Re: civil lawsuit for business fraud
This is a difficult spot to be in.
How do you know about the suit if you haven't been served? Has someone else told you, or did you look at the original filed at the courthouse? Are there co-defendants? Do you know all of the allegations?
Service of individuals by publication is permitted in most types of lawsuit, but ordinarily the plaintiff has to file a motion in court to get a judge's approval, based on facts making it necessary (such as the defendant's avoidance of service).
A California judgment can be enforced in other states such as Nevada, and wage garnishment is one of the ways to carry out enforcement.
Suits against penniless defendants are, however, often a waste of time and money for the plaintiff. Why are they after you? Is this a rational suit, or are they just angry about something or trying to make an example of you?
Try to get some free legal aid to at least look at the action that has been filed and analyze it to see if there is an easy and obvious defense.
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