Legal Question in Legal Ethics in California

Civil Judgment

This idiot is trying to threat me with a Civil Judgment for an item he purchased through Craigslist. He claims the 42inch Plasma TV has been tampered with after a couple days later. He stated in the email ''The civil hearing will take place Wednesday, October 10, 2007 at 8:30a.m. This is a mandatory court appearance unless you are informed otherwise. I attempted to contact you multiple times by phone, but I never received a response hence, the reason for a legal matter. '' Is this true? I don't have the time for this BS for a $425 Plasma TV. The average Joe knows what they will be paying for. I already told him to check it out before he puts it in his car. I assured him that everything is working but there is a color issue to the TV. The TV was in working order when he pick it up. You can't ask for much for a $425 Plasma TV. Now this idiot wants to put a Civil Judgement on a house for sale that I don't even own. He doesn't even have my SSN # nor my real name. So I'm wondering if he has any leverage against me to bring me to court? Should I respond to him or should I just ignore the threats? I have emails with offers and I did state that the TV has a color clarity problem to it. So what should I do? Thanks in advan


Asked on 9/20/07, 4:32 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Civil Judgment

I really cannot answer based on your facts.

An e-mail is not service. If this is a Small Claims Court action, which I assume it is, you have to be served with a complaint.

I assume you are not a dealer, but that this was a private sale.

At this point, based on your set of facts, you would not have to appear, however, please make sure there was not a complaint served on an adult member of your household, or posted (i.e. thumb tacked or nailed) to your front door.

It might be wise to check the alleged court calendar for October 10, 2007, to make sure the case isn't listed. Plaintiffs (and defendants) have been known to lie, and it is possible he swore an affidavit that you were served.

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Answered on 9/20/07, 8:13 pm


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