Legal Question in Civil Litigation in California

While engaged to someone, I allowed him to use my credit card and obtained a loan advance in his name from my credit union for him to pay his bills and pay off his Harley Davidson motorcycle while unemployed; he was employed off and on. We did not make a written agreement since we were going to get married. We broke up in October of 2007 and he continued making payments until September of 2009. I have emails that he sent me from his cell phone indicating the amount he owed me and others that indicate he would pay me my money. He still owes me $8,000.00. I filed a Small Claims case against him in May of this year and went to court in July. He did not appear and the hearing officer didn�t rule in my favor because we did not have a written agreement and the emails only showed a phone number with no name. She continued the case so I could consult with an attorney, which I cannot afford. I went to the Small Claims Advisory Board and explained what had happened in court. They told me that I did not need to have a written agreement and that I could subpoena his phone records. I obtained and completed the subpoena and sent it to Verizon Wireless, which should show that the emails sent from that number belonged to the defendant. I�m waiting for the response from Verizon Wireless. Would that be sufficient to win this case?


Asked on 8/18/10, 4:46 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Maybe, but the small claims court action isn't appealable for you if you lose. You could file a motion that the judge was wrong, but those get routinely denied.

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Answered on 8/23/10, 5:29 pm


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