Legal Question in Civil Litigation in California

While engaged to someone, I allowed him to use my credit card and obtained a loan advance in his name from my credit union for him to pay his bills and pay off his Harley Davidson motorcycle while unemployed; he was employed off and on. We did not make a written agreement since we were going to get married. We broke up in October of 2007 and he continued making payments until September of 2009. I have emails that he sent me from his cell phone indicating the amount he owed me and others that indicate he would pay me my money. He still owes me $8,000.00. I filed a Small Claims case against him in May of this year and went to court in July. He did not appear and the hearing officer didn’t rule in my favor because we did not have a written agreement and the emails only showed a phone number with no name. She continued the case so I could consult with an attorney, which I cannot afford. I went to the Small Claims Advisory Board and explained what had happened in court. They told me that I did not need to have a written agreement and that I could subpoena his phone records. I obtained and completed the subpoena and sent it to Verizon Wireless, which should show that the emails sent from that number belonged to the defendant. I’m waiting for the response from Verizon Wireless. Would that be sufficient to win this case?


Asked on 8/18/10, 4:46 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Maybe, but the small claims court action isn't appealable for you if you lose. You could file a motion that the judge was wrong, but those get routinely denied.

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Answered on 8/23/10, 5:29 pm


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