trying to help mom being sued

Whether she can afford to pay or not isn't the issue the court will be concerned with. If she has a legitimate dispute - or even if she just wants to buy time by making the creditor prove the claim - she needs to file an answer before the time expires. Otherwise, the creditor gets a default judgment and can execute on her assets and/or income by whatever means are permitted in her state.

Most attorneys (at least those with small practices) offer free consultations. You should probably talk to one in your area to see what defenses are available in your jurisdiction.

The first thing a judge usually does is put everyone in a room together and force them to try to settle. You'll probably get the best deal possible in that setting, since the court will be pushing both sides to get the case off his/her docket without a trial.

If it can't be resolved, the creditor's lawyer will do his best to get it enforced. That's his/her duty to his or her client. Meanwhile, your mom - or if she can afford one, her lawyer - will argue just as hard against enforcement. (FYI - Unless you're an attorney or her guardian, you usually can't appear in court for your mother.) The judge will decide who's right. (I'm assuming a $2,000 claim goes to small claims court in her state and there won't be a jury.)

When approaching the case, I would strongly suggest you try to look at the case the way the judge will. From the court's perspective the case is very simple:

1) Was there a legally binding agreement between yoru mother and the creditor (including any oral agreements)?

2) Did you mother receive something of value (i.e., money, goods on credit, etc.) from the plaintiff?

3) Did your mother provide value in return, or otherwise perform his duties under the contract?

4) If not, was her failure to do so legally excusable? (Note - Inability to pay does not legally excuse the obligation except through the bankruptcy process.)

The judge isn't going to consider your mother's financial situation unless it directly bears on one of those points. Not that he/she won't care, but it's legally irrelevant.

Similarly, the judge has never met your mother or the plaintiff and has no magical way of knowing their respective characters and, frankly, won't care. Remember, this case is about a contract. It's not a battle between good and evil. So impugning the character of the plaintiff, or the attorney, won't get you anywhere. It may even backfire. Therefore, I would suggest you stick to specific, factual examples of the plaintiff's breaches of the agreement and other acts done in bad faith, if any. This way you remain credible and you'll allow the judge decide if the plaintiff's conduct renders the contract void. In other words, don't say "They're evil." Give the judge as much evidence as possible and let him/her decide if they're "evil" for themselves. Sometimes contracts can be set aside if the party enforcing them has "unclean hands."

Finally, force yourself to stay calm, no matter what. It's tough because it's your Mom and you want to protect her. But to do that you need your wits and judgment clear at all times.

Gillette-I,too, would have your mem respond,otherwise they'll do a default judgement. I do disagree,however,about the judge not being interested in you moms financial staatus. You can do a hardship case. Have your mom bring income statements from Social Security,Disability,what ever she has. They will work out a payment arrangement based on everything. Make sure it is her debt and they have legal rights to collect,also.Good luck-keep us posted :D ...Karen