fraudulent small claims summons

[naddis]

What is the name of your state? California

New to the state. An aquaintance from my home town moved here too. We hung out w/ one another for awhile he was unemployed and often used his parent's credit card to pay for our meals, etc. He never asked me to pay him back. I met new people later and decided to no longer hang out with him because I learned that he was into drugs and a trouble maker. He became upset that I was ignoring him and I recently received a summons that I am being sued in small claims court by him for unpaid credit card charges for $5k! The card is not in my name and I never said I would pay for anything. I know he has money issues- unpaid child support and unpaid car note, also a criminal record. He is clearly trying to find an easy way to pay his bills. What can I do so that I can get this fraudulent claim thrown out before it gets to the court date?

 

[hexeliebe]

Why get it thrown out before you go to court? It might be fun watching him wiggle and squirm when the judge asks "And where is the contract you two signed for this supposed load?"

 

[naddis]

Why get it thrown out before you go to court? It might be fun watching him wiggle and squirm when the judge asks "And where is the contract you two signed for this supposed load?"

True! I just don't want to miss a day of work for this. Any ideas on procedure for getting it thrown out beforehand?

 

[hexeliebe]

Countersue for lost wages.

 

[I AM ALWAYS LIABLE]

True! I just don't want to miss a day of work for this. Any ideas on procedure for getting it thrown out beforehand?

My response:

In California, there is no procedure for "throwing out" (dismissing) a Small Claims lawsuit prior to the court date. Usually, however, and prior to the judge taking the bench, the bailiff tells the litigants to go outside of the courtroom to attempt settlement - - with or without a court mediator waiting in the hallway. If a settlement or voluntary dismissal cannot be agreed, then the litigants go back into the courtroom and wait for their case to be called. Then, the litigants get to tell their sides of the story to the judge, and the judge either decides then and there, or mails the decision to each of you.

So, no matter how you slice the pie, you're going to be appearing in court.

IAAL

 

[JETX]

"Countersue for lost wages."
*** And hexy is wrong on that. You can't sue for lost wages.....