Legal Question in Civil Litigation in California

civil aggrement

This person i know says that i borrowed 1200$ from her which i didn't. And made up a contract and forged my signature. She had me served with court papers and i went to court but she never showed up. Now she is saying she is going to keep making me go to court and not show up until i give her money. But the fake contract that she made says i borrowed the money on 01-10-07 and will pay her back on 01-10-06 or else she can have my dog, dirt bike,and what ever else she wants. What should i do?


Asked on 12/15/07, 11:19 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: civil aggrement

I would write a letter to the small claims court supervisor explaining the procedural situation -- that she didn't show up the first time and threatens to sue you again and do the same thing. Ask that she be declared a vexatious litigant, and can't file without a judge's approval.

Alternatively, if you get sued, you can cross-complain for abuse of process and/or malicious prosecution. Or, you can retain a lawyer and bring a superior court lawsuit for these claims. If you go to court, make sure to bring a driver's license or some other government document that bears your true signature.

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Answered on 12/16/07, 12:27 am


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