Legal Question in Real Estate Law in California
False small claim
Three weeks ago, former friend started harassing me. I didn't file a police report, hoped would go away. Notified Harasser that if showed up at my home again I would call police. Harasser had friend show up at my home, he hid around corner, I answered the door he served me with a small claim notice! Called Police, was told to file for restraining order today, will do so. What constitutes proper evidence in small claims crt to prove this claim - refusal to return personal property is false? I don't know what property he is referring to! How to find out? What happens on small clm crt hearing day, as I will have restrning order against him? HELP!
1 Answer from Attorneys
Re: False small claim
The burden of proof is on the the person who files the claim. They must show that you do indeed have some property of their, and that you have not returned it. As far as the restraining order, that will not apply during the court proceeding, but there are Marshalls present.
If the judge finds in your favor, you could intitute a malicious prosecution action against the person, but that might be more trouble than it is worth.
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