Legal Question in Civil Litigation in California

You can sue someone for anything. The question is whether there is any chance of succeeding. If he has a signed promissory note, and you have no evidence except your word against his that the said you didn't have to pay him back, and you never got the note back or had it destroyed, then he has a pretty good chance. The statute of limitations is four years from the breach, so the suit is within the time limit. You may have defenses, but he certainly has enough to file and proceed with the suit.

As for the location, you are right that they do not have a right to maintain the action in Sacramento County if you don't live there and nothing to do with the debt was done there. In order to dispute it, though, you first need to file an answer and then a motion to change venue. I'd have to hit the books to be sure but I also think I remember something about a special rule that penalizes plaintiffs or their lawyers for knowingly filing a debt collection action in the wrong county.

It is not a question of CAN he sue you. He IS suing you. If you do not respond to the lawsuit properly, with the help of a qualified attorney immediately an within the time allowed, you automatically lose, cant present any evidence, r make any arguments, and he can go ahead and start garnishing bank accounts, wages, and put liens on your property. So, you must properly respond to the lawsuit or else you lose all your rights. I can assist you if you would like, and see if we can get the suit thrown out, or settle for a much smaller amount. Act now. Do not delay. You cannot be even one day late or you lose all your rights. You may contact my office for a free consultation.

Best,

Best,

Daniel Bakondi, Esq. [email protected] 415-450-0424

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