Legal Question in Civil Litigation in California

I was a CFO for a company that went bankcrupt and I am now being sued for fraud by the factor that financed the company. I am unemployed, with 3 kids and my husband is the only provider. We recently filed for Chapter 7 and lost our home. We have no major assets. I cannot afford to hire an attorney. The charges against me are false. What are my options?


Asked on 9/27/10, 1:18 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Your financial situation is not a 'defense' to the lawsuit, but a factor to use in trying to deal with the case. You should serve a Notice of your bankruptcy on the plaintiff and court. That should stay/suspend the litigation at least temporarily. If you didn't list the debt in your bankruptcy, you will need to amend your petition to do so. The plaintiff then will have to go into bankruptcy court to try to convince the judge to lift the stay so they can pursue the case. You'll be able to oppose their motion.

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Answered on 10/04/10, 12:13 pm


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