Legal Question in Civil Litigation in California
How do I stop email threats from the judgment debtor? I am very disturbed.
Can the judgment debtor sue me for the case she has lost?
The Defendant lost the case in small claim, lost motion for dismissal of the case, lost the petition for rehearing at the Superior Court. She has now sent me two threatening emails accusing me of lies, slanders, and threatened to go after my employer and take her threats to them.
Thank you.
3 Answers from Attorneys
Legally, she has no further recourse. You might tell your employer about her so that they have your information before she might contact them. As for the e-mails, put her e-mail address in your provider's spam filter, and you should never have to see it. If you feel physically threatened, notify law enforcement and provide copies of the most egregious e-mails. At the same time, if you believe she is threatening harm, you can attempt to obtain a civil harassment restraining order at your local courthouse.
A small claims action cannot be a springboard for a malicious prosecution action, so any lawsuit she filed against you for winning a small claims action would be frivolous, and relatively easy to dispose of.
A civil harassment order, as pointed out by Mr. Cohen, may be necessary to keep her away from you and your place of employment.
If she slanders or lies about you, you may have a defamation suit as well..
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