Legal Question in Civil Litigation in California

Re: Small Claims Case

You can do anything you like to try to defend in small claims court. Take your paperwork and proof to show the judge, and tell your story in a short concise manner without rambling. Take a 'cheat sheet' listing the issues to cover.

Re: Small Claims Case

"3. If I present the judgement against my exwife for the credit card, will the judge dismiss this case against me?"

Probably. Get a certified copy of the judgment from the court clerk's office. But the outcome of any court proceeding is always uncertain.

Re: Small Claims Case

Normally, the promise to pay a debt of another must be in writing and signed by the party to be bound (meaning you would have had to put it in writing, and signed it.) (Civ. Code sec. 1624 subd. (a)(2).) It is hard to see in this situation how an e-mail could be signed, but maybe she will argue that your transmission is an electronic signature. The law in this area has not been fully developed yet.

Judges in small claims cases tend to allow almost all types of evidence in, but I would certainly object to a forged e-mail, and would certainly not authenticate it by identifying it if you did not actually send it.

You should obtain certified copies of both your divorce decree, and the judgment of dismissal in the credit card case, and the judgment finding her liable.

The statute of limitations for breach of a written contract is four years in California. (Code of Civ. Proc. sec. 337 subd (1).)

If you watch Judge Judy or the People's Court, you can see that people lose their small claims cases for failing to bring any evidence. Don't put yourself in that position.

I would also advise you to consult with a small claims advisor's office in your area. You should be able to locate this office by contacting the court clerk of the small claims court.

Good luck,