I am being sued my by ex-boyfriend for a promissory note that I was forced to sign during our relationship. This occurred in March 2010, three month before our break up. The contract was on the bases of the dates that he took me on during our relationship. In addition he has laid a 20% interest per year on the contract ( breaks California, Usury law). He tried to sue me, but it was dismissed. Now he is trying to sue again at a different courthouse, but this time the SC-100 form states a higher charge on a base of 10% interest per year. All I want to know is if I have a strong case against him that the contract went against legal regulation and therefore can be voidable? In addition what else can I do to make my case stronger?
1 Answer from Attorneys
Why was the previous case dismissed? If the decision was on the merits of your ex-boyfriend's case, then your boyfriend has no right to re-file. The prior judgment would provide you with a defense based on what we call "res judicata."
You have identified the usury defense. You also would need to meet with an attorney to discuss your case in full in order to identify other possible defenses.
Best of luck to you.