Legal Question in Civil Litigation in California
I have a situation that I need some advice on and I realize that you might charge for advice but I am hoping that you might take a moment and help me.
Here is my situation, I had a friend that loaned me some money that lives in the State of Wisconsin and I live in California and is now taking me to court saying that the amount is higher then what I say is owed and I am on Social Security Disability that gets direct deposited into the bank. If I lose this case and a judgement is leaned against me can the judgement attach my Social Security in any way? Do I need to close my bank account to avoid it from being attached? I am disabled and the Social Security is my only source of income and it is direct deposited into my bank. Also, can this turn into a criminal case? The Amount she says that I still owe her is $3,300.00 that originally started out at $5,000.00 and $1,700.00 has been paid so far.
Any advice would be greatly appreciated.
Michael
2 Answers from Attorneys
My first piece of advice is check your math. If the original amount was $5,000 and $1,700 has been paid back, then she is right. There is $3,300 left owing.
As for your bank account, you should make sure that only SSD goes into that account. If you mix it with other money she can reach it. In California if SSD is kept in a separate account it is usually exempt from judgments.
Lastly, never say never, but nothing in the facts you give would indicate any kind of criminal case.
Mr. McCormick is entirely correct. If she is suing you out of state, she may have problems in getting jurisdiction. She would have to show the debt was created in Wisconsin. Even if she gets a judgment there, she then has to file in California to have a California judgment to enforce the judgment against anything in California.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
