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rvlaw
rvlaw, Attorney-Therapist Mediator
Category: Family Law
Satisfied Customers: 8386
Experience:  Attorney-Therapist Mediator for CA Divorce Mediation Center; over 30 years private practice in NYC.
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My mother is sueing me in small claims cout. I helped when ...

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My mother is sueing me in small claims cout. I helped when she was ill in 1999, prior no contact with her for 40+years. She took court in 2005 for thelf and stalking her , judge dismissed the case. Im due in court 8/15/08 again this time theif of property totaling 7500.00. she enteres it happen on 01/01/06. we live in different cities about 80 miles apart, she''s in her 70,s. How can i stop this herasment.
Submitted: 5 years ago.
Category: Family Law
Expert:  rvlaw replied 5 years ago.

Hi, and welcome to Just Answer. Thank you for entrusting me with your legal issue. I will do my best to assist you. During the course of our interaction , I may need some additional information. Also, please keep in mind that when any of us at JA legal answers a question, we don't know what you, the customer, already knows about the issue unless we are told.

You really can't prevent her from using the court system as baseless as the claim may be, But I have some questions:

1. when is the theft supposed to have taken place?

2. what state is the suit in?

3. Do you live in the same state as she does?

4. How were you served with the legal papers?

rich

Customer: replied 5 years ago.
this is for rvlaw

1. theft supposed to have taken place Jan. 01, 2006.

2. suit in the state of california

3. we both live in state of california

4. yes- I have been served with legal papers i due in court 08/15/08.
Customer: replied 5 years ago.
this is for rvlaw, did you receive my reply to
your questions
Expert:  rvlaw replied 5 years ago.

If the summons requests an answer, we can discuss further but I don't think CA requires one. Just appear on the 15th. She will have to prove her case. Since there wasn't a theft, I suspect you have no documentation to disprove it. You do know the date it was supposed to have happened. On the 15th, tell the court that you need a postponement of trial and that you need to know the details of the alleged theft so you can prepare a defense. Ask the judge to order your daughter to provide those details before the next court date.

rich

rvlaw, Attorney-Therapist Mediator
Category: Family Law
Satisfied Customers: 8386
Experience: Attorney-Therapist Mediator for CA Divorce Mediation Center; over 30 years private practice in NYC.
rvlaw and other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
this is for rvlaw-how do i file for the extention and my mother prove her case before the
next date. the alleged theft she claims happen on new years day 2006,iwas home with my husband and kids-is this enought proof in court.
also please explain your payment method,do i pay
for each question asked. how much do i owe.
Customer: replied 5 years ago.
this is for rvlaw-how do i file for the extention and my mother prove her case before the
next date. the alleged theft she claims happen on new years day 2006,iwas home with my husband and kids-is this enought proof in court.
also please explain your payment method,do i pay
for each question asked. how much do i owe.
Expert:  rvlaw replied 5 years ago.

Ask for the extension when you appear in court but bring your husband and children just in case the trial proceeds on that date, which I doubt. BUT TO AVOID THE CHILDREN HAVING TO COME TO COURT TWICE, I suggest you call the court Monday and ask their procedures....ie do they have all trials on the first appearance date.

Rich

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