Legal Question in Credit and Debt Law in California

small claims law

Four years ago I was sued for nonpayment of a disputed bill for defective goods. The plaintiff was awarded a judgement against me. I have not paid the judgment and six

months ago the judgment creditor began calling my ex-boyfriend of five years and asking him to help them collect the judgment against me. He refused their request as outrageous and they filed another lawsuit against him for the same amount of the

judgment against me. He lives 600 miles from the court so he wrote to the judge

stating that the lawsuit filed against him had no merit and why, requested that the

lawsuit be dismissed, and requested a response from the court on his motion to

dismiss or a postponement of the proceedings. The judge ignored his letter, did

not review the plaintiffs' "evidence", and issued a default judgment against my friend.

The plaintiffs have now been awarded two judgements against two different people

four years apart for the same bill by the same judge (who is also a personal friend and next door neighbor) Is this a legal proceedure?


Asked on 10/29/00, 12:44 am

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: small claims law

It sells like your boyfriend did not file a proper response to the complaint and did not appear at the trial. This being the case, about the only thing he can do is trying file motion to vacate the judgment. If he is successful, he can then sue them for abuse of process.

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Answered on 12/17/00, 2:20 am


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