QUESTION
Process for civil suit on financial restitution
Asked on Jan 26th, 2019 on Civil Litigation - California
More details to this question:
A breast augmentation was purchased $7K for another individual who stated she will pay back the balance of the operation. To date, no payment has been recovered. Text messages & audio prove she stated she will pay back balance. Defendant is claiming “gift purchase” however that was not a mutual understanding.
1 ANSWER
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This is a small claims matter. In California, the limit on small claims cases for individuals is $10,000.00. You cannot be represented by an attorney at the small claims hearing, but you may want to obtain limited advice from an attorney to help you prepare. Many counties also have a "small claims advisor" position through the local courts who can help you and/or they have packets of small claims forms you need to file out to get your case started. Get your records in order to show the purchase. Keep all of your text messages and audio. You will need those to prove that you had a contract to be repaid.
Answered on Jan 29th, 2019 at 12:22 PM