Legal Question in Civil Litigation in California
Desperately need legal advice. My ex-boyfriend owes me $7500. We have a written binding agreement/contract that states he is financially liable for all sums charged to my credit card which he used to purchase product for his business. He tells me that he will pay me off, but that he doesn't have the money right now since his business went under, so he is unemployed. I've been contacting him to request he pay me off, but he says he has no money; furthermore, he once threatened me that I couldn't do anything about it. He told me that it would be pointless to sue him and take him to court because he has no assets and nothing to pay me off, so I wouldn't collect anything. What can I do? What are my options?
4 Answers from Attorneys
So how does he live? Obviously he has some money, it just that he chooses not to pay you. Tell him he needs to start making payments or you will have to sue him.. If he persists, then sue him and get a judgment against him. If he still won't make payments start collection proceedings.
Start with an order of examination where he will have to disclose his assets under oath, and then levy on his bank accounts or garnish his wages where ever he works.
Hope this helps and good luck.
Not much. A written contact can be sued upon for only 4 years. You need to sue him and get a judgment, or get him to agree to a stipulated judgment.
The Small Claims Division of your local California Superior Court is the best option given that you are only seeking $7,500. In fact, $7,500 is the jurisdictional limit for bringing a small claim against an individual.
An attorney cannot represent you at the small claims hearing (there is no trial per se), but an attorney can assist you with preparing for the hearing so that you make the best case possible.
If you are successful in obtaining a favorable judgment at the hearing, then you need to start the task of executing on that judgment, which may include all or some of the following: garnishing wages once he has employment, levying on assets such as bank accounts, or selling your judgment to a collections company for a percentage of the full judgment amount.
Small claims court is very inexpensive. I think it�s $75 to file a small claim complaint. And there would be $100 or so in fees for post-judgment motions and filings.
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