Legal Question in Credit and Debt Law in California

My ex owes me a large sum of money. If I text/call her in a daily basis asking for my money is it considered harrassment? I am not threatening. Only asking for my money and trying to get this settled. Can she claim damages to due me asking for my money?

Asked on 11/05/10, 4:28 am

1 Answer from Attorneys

Michael Isaac Shokrian Law Offices of Michael Isaac Shokrian, APLC

In order to avoid even the slightest appearance of harrassment, I suggest you be specific about everything you do. First, was there a contract or promissory note? I assume there is not. If there is, you can use that as the basis for sending a written demand, refer to the terms in the Note, and give her a specific deadline to pay back. If there is no note, you do the same: Send her written demand for all of the money, give her a hard deadline for her to pay you back. If she does not pay you back by that time, you can file a small claims action or a superior court action (depending on how much she allegedly owes) and start the litigation process. The more you "linger" with phone calls and text messages, the more ammunition there is for making a harassment claim.

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Answered on 11/10/10, 8:36 am

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