Legal Question in Civil Rights Law in California

Civil Lawsuit
I have court on May 4th for a civil lawsuit from an ex who I signed a promissary note to pay her credit card debt in exchange for her to have an abortion. She did not have the abortion and provided me documents from planned parent hood stating the procedure was done.

I do not have the funds for legal assistant. The judge will also hear my motion to compel that I filed on the same day May 4th at 9am. If I lose the trial and a judgment is filed against me, what happens?

The only thing I own is a home and that is all. The home is in a homestead state so she can't get that. I am unemployed as well. Can she legally take anything else with the judgement? When I find a job, can my salary be taking for her judgement if it includes fraud and I will already have 22% of my salary taking for child support and arrears? Thanks for your help. I really appreciate it.

Asked on 4/22/09, 3:58 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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Re: Civil Lawsuit

Glad she came to her moral senses before getting the abortion. However, if she is trying to collect a debt for a charge she did not incur, you have defenses. I'm assuming this is in Small Claims court, since you said it was for the price of an abortion. Go tell your story and present your evidence and documents to the court.

Any judgment could be collected against any of your wages and assets, including bank accounts, property, etc. If this in in Small Claims court for a small bill, then that bill is all you have to worry about. By the way: homesteading a house does NOT keep it from being taken, it only protects a portion of your equity.

Answered on 4/22/09, 5:54 pm

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