Legal Question in Civil Litigation in California
Civil Case - Breach of contract (promissory note)
I have a civil complaint filed for breach of contract ~ non-payment of a promissory note. Defendant was served, tried to force me to sign unrelated paperwork he drew up before he said he would pay. I refused knowing his reputation for ''grifting'' people. He has since put his house in foreclosure and has left the state. He is ignoring the summons and I suspect he will not show up for the court date in 3 months. I imagine he is hoping or assuming with the foreclosure he will not owe his debts. Would it be appropriate to contact the bank/lender of his foreclosed property of the current court case and impending lien?
2 Answers from Attorneys
Re: Civil Case - Breach of contract (promissory note)
Has he answered the complaint? Or is it small claims?
There is nothing wrong with contacting his bank to try and discover if he has any assets.
The bad news for you is that he probably does not have any.
Re: Civil Case - Breach of contract (promissory note)
Why would the lender care? Even if you obtain a judgment lien before the foreclosure sale there will be nothing left for you. You might be able to get a judgment on the promissory note, but at best the judgment will be uncollectible, and at worst he'll file for bankruptcy.
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