What is the name of your state? California (Northern)
The History
I had a business and a very flaky unstable partner. We agreed to do a small landscape project. Shortly after wear began he disappeared. The client paid me under my name not the company. She was a client from hell! Being my partner who handled all the agreements, apparently he never drew up a contract. I had to hire a crew and do the job on my own. The client literally changed her mind every 3 days. She was very rude and indecisive. The rain season hit and this was last year where is rained way more than our usual. Being the job was outdoors and it was concrete work, I from day one told her if we don't have 3 days with no rain I cannot do the pour. She went on vacation and told me we better do the pour before she gets back. Due to rain we could not. She told us not to come back or she would have us arrested. Which was a relief to not have to deal with her anymore. I considered it a wash as we left allot of tools and materials on her jobsite. A few months go by and I get a call from the police department. The investigator said he was working on a fraud claim. The client called and told the police we took her money and never did any work. I explained to the investigator we had been on her job for many months and have many photos of all the work and constant changes we had done. The investigator said the client sounded a little over her head, and that this is a civil issue, not criminal. He suggested we wait a few days then try to contact the client and work with her. I tried about 5 times leaving messages on her home line and her cell. She never returned a single call.
A few months went by and then I was severed for a $7500 small claims lawsuit. I made my first appearance but she was not ready and asked for another date. I made next appearance but a witness never showed, so another court date was set. On the 3rd my engine blew on the way to the courthouse, I did call the clerk and she told me that she will relay this to the commissioner/judge and I would be notified if a new court date was set. I was never notified of the new date, thus I obviously did not show. She won by default and now I received a notice today via a process server "Order to Appear Statement of Assets and to Appear for Examination"
Being I am currently unemployed and care for my terminally ill father at home, and due a divorce and a failed business I will most likely file bankruptcy as my debts are way higher than any possible future income due to my current circumstances.
Now I gave a snippet, a chance for me to vent etc. Now the question is how do I proceed with this order? If I fail to appear it says "A Bench Warrant may be issued" If I don't go what can happen? I was served today and the date to appear is 4/9/07 I would assume in the next 60 days I will file bankruptcy. In California what will happen if I don't show up? I obviously lost the case as I was not fairly notified. I have no means to pay her and lost allot of tools at her jobsite. I have no assets and no income. I have a huge amount of debt. What would you recommend on the proper way to proceed?
Signed,
Overwhelmed in California
The History
I had a business and a very flaky unstable partner. We agreed to do a small landscape project. Shortly after wear began he disappeared. The client paid me under my name not the company. She was a client from hell! Being my partner who handled all the agreements, apparently he never drew up a contract. I had to hire a crew and do the job on my own. The client literally changed her mind every 3 days. She was very rude and indecisive. The rain season hit and this was last year where is rained way more than our usual. Being the job was outdoors and it was concrete work, I from day one told her if we don't have 3 days with no rain I cannot do the pour. She went on vacation and told me we better do the pour before she gets back. Due to rain we could not. She told us not to come back or she would have us arrested. Which was a relief to not have to deal with her anymore. I considered it a wash as we left allot of tools and materials on her jobsite. A few months go by and I get a call from the police department. The investigator said he was working on a fraud claim. The client called and told the police we took her money and never did any work. I explained to the investigator we had been on her job for many months and have many photos of all the work and constant changes we had done. The investigator said the client sounded a little over her head, and that this is a civil issue, not criminal. He suggested we wait a few days then try to contact the client and work with her. I tried about 5 times leaving messages on her home line and her cell. She never returned a single call.
A few months went by and then I was severed for a $7500 small claims lawsuit. I made my first appearance but she was not ready and asked for another date. I made next appearance but a witness never showed, so another court date was set. On the 3rd my engine blew on the way to the courthouse, I did call the clerk and she told me that she will relay this to the commissioner/judge and I would be notified if a new court date was set. I was never notified of the new date, thus I obviously did not show. She won by default and now I received a notice today via a process server "Order to Appear Statement of Assets and to Appear for Examination"
Being I am currently unemployed and care for my terminally ill father at home, and due a divorce and a failed business I will most likely file bankruptcy as my debts are way higher than any possible future income due to my current circumstances.
Now I gave a snippet, a chance for me to vent etc. Now the question is how do I proceed with this order? If I fail to appear it says "A Bench Warrant may be issued" If I don't go what can happen? I was served today and the date to appear is 4/9/07 I would assume in the next 60 days I will file bankruptcy. In California what will happen if I don't show up? I obviously lost the case as I was not fairly notified. I have no means to pay her and lost allot of tools at her jobsite. I have no assets and no income. I have a huge amount of debt. What would you recommend on the proper way to proceed?
Signed,
Overwhelmed in California
