Legal Question in Civil Litigation in California

I have an ex fiance. Dont ask me why but i stayed with him much longer than i should have given the circumstances. He agreed to pay for bills/ rent and did not (over $3,000). I have IOUs from him and a detailed account of what he owed to me. He also stole $300 in cash from my apartment, I cant prove this so I guess I'll have to take that as a loss. He also stole my debit/credit card from me while we were on vacation in San Diego. He charged $300+ dollars to nightclubs that I never visited as I was already in bed and he went out with the boys - it is ironic since my photo is on my card to prevent theft and he is a male that clearly should not have been signing my card. I kept believing him that he'd pay me back and that he was in a rut but I have turned a new corner and I just want to teach him that he can't just steal from people and screw them around and walk away free and clear. I have all of the information necessary to track him down, including his social security number and DL. I don't want to be bothered by hefty legal fees but I'd give any attorney half of whatever I received back - since I know I can't collect anything on my own.


Asked on 3/30/10, 9:00 pm

2 Answers from Attorneys

If the total amount he owes you that you can prove is $7,500.00 or less, you can do it yourself by taking him to Small Claims Court. That would be better for you than paying half to an attorney, and in fact an attorney cannot represent you if the amount is within the jurisdiction of Small Claims.

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Answered on 4/04/10, 9:39 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

What attorney McCormick said, except if you feel (for whatever reason) you can't handle small claims court by yourself, or you don't want to meet or interact with him, you can retain a lawyer and sue in civil court, and the lawyer would handle all the paperwork. But maybe you would be well advised to save your money and just take him to small claims court.

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Answered on 4/05/10, 1:08 am


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