Legal Question in Civil Litigation in California

Re: Help my dad is being sued and harrased

It is unclear to me from your email whether judgement has been entered or not, but no one should be subject to harassment. I would try to speak with an attorney asap. If payment is an issue, the local bar association in your area can direct you to non-profit legal aid programs.

Good Luck,

Bryan

Re: Help my dad is being sued and harrased

Your dad should arrange to tape record these telephone calls. When the creditor calls he should loudly announce that the conversation is being recorded, and if he does not wish to be recorded then he should terminate the conversation. If the creditor then proceeds to verbally abuse and threaten him he should take the tapes to the district attorney or an attorney that works with type of cases.

Re: Help my dad is being sued and harrased

If he has a judgment against him, that means he lost, and his story and reasons no longer matter. The only options now are to appeal the judgment [costly], negotiate a payment plan to avoid lien collections, or go bankrupt. However, $5k is not grounds for BK. IF the plaintiff is actually violating the debt collection laws, that might be used to 'persuade' him to back off and allow payments that are realistic. The problem is that any money spent on attorneys to help now is money that could be used to pay the debt.