Legal Question in Civil Litigation in California

Re: lawsuit of oral contract

If the lawsuit is based in California, you would need to defend in California. If the agreement was paid, and you have proof, you will need to show up on the court date and dispute the matter.

If he gets a judgment he can "register" the judgment in Missouri and attempt to collect on that judgment by levying against any assets you have (for example, a car, a bank account, etc.) For this reason its a good idea to defend the lawsuit in California.

Re: lawsuit of oral contract

No. You can't be thrown in jail. This is a civil not a criminal matter. He can't get you kicked out of your apartment. You should defend yourself if you can otherwise you will wind up with a judgment against you. If the judgment creditor is persistent you can wind up with a wage garnishment or an attachment of your bank account.

Re: lawsuit of oral contract

Worst case scenario: He can get a default judgment against you and try to collect any money and assets you have.

Check with the court [call them] to see if a proof of service on you was filed - explain the situation to the court clerk and ask for help. He will take a default judgment if the file shows service, and if you don't Answer and defend. He can't properly serve you by mail out of state, so any such proof of service would be defective or false. Then write a letter to the judge explaining the out of state imporoper service and other defenses you have, submitting copies of all documents with explanation. When you talk to the court clerk, ask them to send you the proper papers to file an Answer with your objections and defenses - which you will have to use if the file shows you were served. You can submit the case for judgment on your filed pleadings and letter to the judge so you don't have to appear - but that is risky, the court doesn't have to accept them.