questions
Date: Wed, 01/14/2009 - 12:07
OK. I went to my first court date and it was put off until March. I "officially" have 9 days to answer the complaint.
Should I file a motion to strike their 'Affidavit in support of Plaintiff's claims' and then file a motion to dismiss because they don't have any real proof?
or do I file my answer and then file a motion to strike...then a motion to dismiss?
or do I just file my answer and a motion for discovery???
Do I wait for them to do their discovery first?
I live in a state that allows TbyE, so I have an application in with legal aid. I'm tempted to file bankruptcy.
I just don't want the stress of other CA deciding to file suit before the SOLs are up in 2010.
Even though I live in a TbyE state, and my income is SSI. I know they can't freeze my money, but they can get a judgement. Then I won't be able to put any money that my spouse gives me to cover the utilities in the account.
This is all MY premarital debt. I know that I can file bankruptcy by myself on all my premarital debt. Since I live in a state that does allow TbyE , all joint assets are protected.
Does anyone know if the same rules apply as far as CAs and their judgements?
If our joint assets are protected in bankruptcy for my premarital debt, are they protected from CA being able to enforce their judgements should they get them?
I wish that I'd hear from legal aid. I guess that I'll call them tomorrow if I don't hear soon.
I so want a lawyer to try and get this suit by the CA tossed out.
I know that lots of you have had cases dismissed on your own, but I'm going to court in podunkville...don't know how the judge will respond if I try to fight this on my own.
Should I file a motion to strike their 'Affidavit in support of Plaintiff's claims' and then file a motion to dismiss because they don't have any real proof?
or do I file my answer and then file a motion to strike...then a motion to dismiss?
or do I just file my answer and a motion for discovery???
Do I wait for them to do their discovery first?
I live in a state that allows TbyE, so I have an application in with legal aid. I'm tempted to file bankruptcy.
I just don't want the stress of other CA deciding to file suit before the SOLs are up in 2010.
Even though I live in a TbyE state, and my income is SSI. I know they can't freeze my money, but they can get a judgement. Then I won't be able to put any money that my spouse gives me to cover the utilities in the account.
This is all MY premarital debt. I know that I can file bankruptcy by myself on all my premarital debt. Since I live in a state that does allow TbyE , all joint assets are protected.
Does anyone know if the same rules apply as far as CAs and their judgements?
If our joint assets are protected in bankruptcy for my premarital debt, are they protected from CA being able to enforce their judgements should they get them?
I wish that I'd hear from legal aid. I guess that I'll call them tomorrow if I don't hear soon.
I so want a lawyer to try and get this suit by the CA tossed out.
I know that lots of you have had cases dismissed on your own, but I'm going to court in podunkville...don't know how the judge will respond if I try to fight this on my own.
Claimed Debt
My wife had a call from someone claiming to be a collection agency claiming she had a debt with capital one going back to 1994 and the last payment was in 2000 she did indeed have a Capital One card lond ago but cancelled it on discovering CO was selling on personal details. She is not aware of any debt and this is the first contact suggesting that she has an outstanding debt.
she no longer has any records of her CO transactions.
he haas asked the company to write to her but feel we should consult a lawyer on this the claimed debt is $600 a handy small sum which I suspect someone thinks will not be worth legally challenging.
Does anyone have any suggestions?
Thank you
