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What can I do if im being sued for a small claims of 10,000

Bell, CA |

I am being sued by my ex business partner she stated in the paperwork that she gave me 10,000 to start up a business took the business and the money in 5/08/2011. This is what really happened we opened up a flower shop then she wanted to also be business partner for insurance agency which I had already had so I accepted and she gave me 10,000. We did business together for a year through out that year her husband would sexually harass me and I told her about it and after that things went down the drain to the point that we would be in each others face. Between that year the insurance license expired with the department of ins and so did my license we had to pay for that and other bills and she failed to do so stating that she was not going to give anymore money. What can I do?

She wants to sue me but the business no longer exsist because we did not pay the things we had to pay to keep the business going.. She also served my mother instead of me and I don't live in that address anymore. But I still want to go to court. What are my chances of winning?

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Attorney answers 2


I would advise you to no post specifics on a pending case. You should defend the matter or attempt to resolve the claim informally. You do not want to let her obtain a default judgment against you. If you choose to defend the matter, you should review California Code of Civil Procedure starting with section 116.110 and thereafter. There are special rules in small claims court -- those sections should give you a good start. There may also be free legal advisers provided by the court house. Best of luck. If you lose as a defendant, you have the right to appeal within a certain amount of time.

I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


I agree, you shouldn't post anymore specifics of the case. You should also first respond to the complaint as soon as possible. If you are being sued in L.A. county, the Los Angeles Superior Court website has a lot of information on small claims cases. Based on the few small claims matters I've handled (as an appeal) technicalities will win the day, so read the rules.

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