THE QUESTION: Someone is trying to push a frivolous lawsuit for personal injury against me on a default without me being served?

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    THIS IS A LEGAL CAN OF WORMS!

    Its a frivolous suit; that started out in 2015 with me doing a college friend with epilepsy a favor by loaning her money and resources so that she could for her landlord to payout on a code violation she was renting an apartment. I helped her. Then she me to deposit the check of 19k in my accounts so that she could keep the money off the SSA radar; she draws disability. When it was deposited it the bank held it for a long time becasue it was a 3rd party dep. She lost control and accused me of colluding with US bank to keep her money; it was crazy. She went from helpless to seething maniac. She took legal actions before most of the money had cleared. It was an oral agreement, that we split the check for the exchange. She basically tried to cut me out by suing for the whole amount (before the money cleared). When the judge was on the verge of dismissing the case she dismissed it her self; before he could. In 2017 she filed another arguably passed SOL and filed as pers. injury. I was never served and it is in pre default judgment post default entry. Published in a journal exclusive to subscribers that are only judges and lawyers I had no chance of knowing about it. WHAT DO I DO?

    By: Leon D Bayer5.0 stars 55 reviewsAvvo Rating: 10 Debt Settlement Attorney in Los Angeles, CA

    MY ANSWER:

    You may have grounds to move the court for an order setting aside the default, allowing you time to respond to the complaint. If you go that route you must act fast.

    You do not say if you ever gave her any of the money.

    I don’t know if the money would have disqualified her from receiving SSA. Assuming it would have, the two of you conspired to defraud SSA. That is nothing to be proud of. Assuming it did not disqualify her, then keeping half of her money in exchange for you performing a simple banking accommodation sounds like you took unfair, possibly illegal advantage of a disabled person. It was not a “favor” to her because you were seeking an unjust gain. Again, not something for you to be proud of, and if the court believes that a crime has been committed, it is not unknown for a judge to refer a matter to the prosecuting authorities for investigation.

    Another tangle is that courts will not enforce contracts that have as their purpose the commission of a crime. Relying on that, the court, (if you can get the default vacated) might dismiss the complaint. However, the courts will sometimes stretch as far as it can reach to prevent a manifest injustice. That could happen here to prevent you from keeping an unjust enrichment particularly where the other party is mentally impaired.

    I think it would be wise for you settle this with her and get it out of the court system without any further delay.

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    Leon Bayer and Jeffrey Wishman are Los Angeles Bankruptcy attorneys. They have been practicing bankruptcy lawyers in Los Angeles for 37 years and are Certified Bankruptcy Specialists by the State Bar of California. These are lawyers who bring experience, skill and creativity to the highly complex area of bankruptcy law. At this Los Angeles law firm, the your initial consultation with an expert is free. Mr. Bayer is a coauthor of Nolo's The New Bankruptcy: Will It Work for You?, authors the “Ask Leon” series on Nolo’s Bankruptcy, Debt & Foreclosure blog, and writes on bankruptcy topics for Nolo’s website. In addition, Mr. Bayer devotes a significant number of hours to volunteer legal services. The State Bar of California has commended Mr. Bayer for this work every year since 2004.