Legal Question in Credit and Debt Law in California
They lied, in court, about oral agreement to pay debt.
I am afraid that I am the victim of unethical women trying to get money. I was taken to small claims court and accused of owing a woman money that ''she said'' she had loaned her daughter (my ex-girlfriend) and that I had orally agreed to re-pay to her. This isn't true. There was never any such discussion and never any agreement on my part. She showed the court xeroxed copies of a money order paid to her daughter. What can I do to stop these women from lying to get money from me?
2 Answers from Attorneys
Re: They lied, in court, about oral agreement to pay debt.
If she showed the court documents, was there a judgment against you? If so, you can file an appeal, take an attorney with you, and try the case in front of a judge. If she lost, then don't worry about it.
Re: They lied, in court, about oral agreement to pay debt.
If you the trial took place, then you've already had the opportunity to present your evidence. If you win, the case is over and you have nothing more to worry about. If you lost, you have 30 days to file an appeal and you can have an attorney represent you at the appeal hearing.
Under Civil Code Section 1624(a)(2), agreements to be responsible for someone else's debt must be in writing. If the small claims judge follows the law, then you should win the case. If you lose, make sure you bring this statute to the attention of the judge who hears the appeal.
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