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Difficult situation.

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Neveragian

Junior Member
What is the name of your state (CA)?

My Ex boyfriend owes me money and I am going to sue in the small claims court, BUT**************..

I wanted to follow the correct procedure obviously, so I asked him for the money he owed me, once and once only, he then sent me a letter stating that he would place a restraining order on me for harrasment if I ever contacted him again:eek:.... so basically he is scared, never the less I am going to file but want to know if I can place a RO on him when I file the SC ??
To number (1) prevent him from placing one on me, and number( 2) he will go crazy when he gets served and I am worried what he will do!!!


If I place a RO on him can he return the favor, or is it one sided?
 
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Indiana Filer

Senior Member
What is the name of your state (CA)?

(1) prevent him from placing one on me, and number( 2) he will go crazy when he gets served and I am worried what he will do!!!


If I place a RO on him can he return the favor, or is it one sided?
I'm just curious about why you are so concerned that he might file for a RO against you in retaliation for you filing for one against him? After all, you don't want him to contact you, so why would you want to contact him?
 

Neveragian

Junior Member
I'm just curious about why you are so concerned that he might file for a RO against you in retaliation for you filing for one against him? After all, you don't want him to contact you, so why would you want to contact him?
I just would not want to have one enforced on me, I have never even had a traffic ticket and would hate to ever have anyone think I was a trouble maker.

I guess I just want to beat him to it.

BUT yes lol I do see your point, the question is would he!!
 

Primera

Junior Member
I'm in a similar situation. I got a trespassing report on me when I went to his house to collect my payment. After that I emailed him that I was going to file a case against him in Small Claims court. He emailed me back telling me not to contact him again or he would get a restraining order on me.

I think the reason he's doing this to you so you won't be able to gather more evidence from him. As far as I know, you can't place a restraining order on him unless there is evidence that shows his harassment to you.

Just stop any contacts with him and he can't do anything about it right now.

What is the name of your state (CA)?

My Ex boyfriend owes me money and I am going to sue in the small claims court, BUT**************..

I wanted to follow the correct procedure obviously, so I asked him for the money he owed me, once and once only, he then sent me a letter stating that he would place a restraining order on me for harrasment if I ever contacted him again:eek:.... so basically he is scared, never the less I am going to file but want to know if I can place a RO on him when I file the SC ??
To number (1) prevent him from placing one on me, and number( 2) he will go crazy when he gets served and I am worried what he will do!!!


If I place a RO on him can he return the favor, or is it one sided?
 

Neveragian

Junior Member
I'm in a similar situation. I got a trespassing report on me when I went to his house to collect my payment. After that I emailed him that I was going to file a case against him in Small Claims court. He emailed me back telling me not to contact him again or he would get a restraining order on me.

I think the reason he's doing this to you so you won't be able to gather more evidence from him. As far as I know, you can't place a restraining order on him unless there is evidence that shows his harassment to you.

Just stop any contacts with him and he can't do anything about it right now.

Well sorry to hear you have a jerk screwing you around as well, but I have enough evidence already in emails he sent me swearing he would pay me back, I saw 2 lawyers ex-judges and they both said to sue him and that you can use emails in a small claims court.

I have no contact with him at all, so does filing a suit with the small claims court constitute/allow him the right to call that harrasment!!

If you want to look at the other side of the coin our ex's are black mailing us to an extent, and making threats by sending these damn 'I will get a restraining order on you emails"
 

Primera

Junior Member
I'm in a worse situation. This jerk doesn't own a house, always has a negative balance in the bank account, and he just lost his job recently. Even if I win the case, I probably won't be able to get anything back :( On the bright side, I think he already got his punishment. What goes around comes around...

The thing about harassment is that once he has informed you not to contact him, he has the right to file a restraining order on you when you contact him again.

Since you already have enough evidence in the case, just let it be settled in court now. Just curious, how much is the loan in your case? Mine is $2000.

Well sorry to hear you have a jerk screwing you around as well, but I have enough evidence already in emails he sent me swearing he would pay me back, I saw 2 lawyers ex-judges and they both said to sue him and that you can use emails in a small claims court.

I have no contact with him at all, so does filing a suit with the small claims court constitute/allow him the right to call that harrasment!!

If you want to look at the other side of the coin our ex's are black mailing us to an extent, and making threats by sending these damn 'I will get a restraining order on you emails"
 

CourtClerk

Senior Member
What is the name of your state (CA)?

My Ex boyfriend owes me money and I am going to sue in the small claims court, BUT**************..

I wanted to follow the correct procedure obviously, so I asked him for the money he owed me, once and once only, he then sent me a letter stating that he would place a restraining order on me for harrasment if I ever contacted him again:eek:.... so basically he is scared, never the less I am going to file but want to know if I can place a RO on him when I file the SC ??
To number (1) prevent him from placing one on me, and number( 2) he will go crazy when he gets served and I am worried what he will do!!!


If I place a RO on him can he return the favor, or is it one sided?
Whoever told you that placing a restraining order on him would prevent him for placing one on you lied to you.... and you can't get a restraining order based on what you think he would do when you do something you haven't done yet. You try getting a restraining order on him for that, and I would suggest that he sue you civilly, and hope the judge gets you for wasting the court's time.
 

Neveragian

Junior Member
Whoever told you that placing a restraining order on him would prevent him for placing one on you lied to you.... and you can't get a restraining order based on what you think he would do when you do something you haven't done yet. You try getting a restraining order on him for that, and I would suggest that he sue you civilly, and hope the judge gets you for wasting the court's time.
Curious why would I be wasting the court's time!

So you are saying that I should just file the SC and if he serves me with a RO then so be it!! :confused:

Basically you are also saying that once the defendent asks you to no longer contact them,you are truly screwed :eek:as he has the right to issue you a RO, even if the SC is done legally and served by a 3rd party!

Primera Just under $5000 plus belongings in the house.
 

Primera

Junior Member
Neveragain, right now he can't put a RO on you unless you contact him again (email, phone or text..etc). Taking him to court isn't part of it, so don't worry. :)

Good luck with your case.

Curious why would I be wasting the court's time!

So you are saying that I should just file the SC and if he serves me with a RO then so be it!! :confused:

Basically you are also saying that once the defendent asks you to no longer contact them,you are truly screwed :eek:as he has the right to issue you a RO, even if the SC is done legally and served by a 3rd party!

Primera Just under $5000 plus belongings in the house.
 

Neveragian

Junior Member
Neveragain, right now he can't put a RO on you unless you contact him again (email, phone or text..etc). Taking him to court isn't part of it, so don't worry. :)

Good luck with your case.

Thank you.
And that was a concern, that did the filing of the SC constitute as making contact I guess not then :D ie grounds for a RO.
 

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