The Motley Fool Discussion Boards
Personal Finances / Credit Cards and Consumer Debt
|Subject: Re: Anyone ever fought a debt lawsuit?||Date: 2/22/2012 9:33 AM|
|Author: DufusGoneSplat||Number: 304530 of 309248|
Thank you Joel. You obviously put a lot of time into this response.
The defendant can optionally file an Answer for the judge to read ...
As I understood, if we didn't file an answer, the judge could give a default settlement to the Plaintiff. Filing was $92 (that sucks!)
The judge usually drives the process at trial. He asks questions of both parties until he's satisfied that he understand the relevant facts of the case.
This sounds like what I expect at the pre-trial. I guess the judge is going to make sure everyone is ready for trial. It would be nice if I could get a feel as to how he's thinking. I would like to make an offer to the judge and Plaintiff - lay all cards on the table in this informal setting with an agreement to accept the judge's "opinion" as settlement without a trial and actual judgment. If we lose, we pay but w/o a formal judgment, and if we win, we smile and leave. I wonder what the chances are.
Your step daughter seems to be treading on some thin ice here - at least under Colorado law.
That family expenses has me concerned. I have other reasons to think it could get dismissed before arguing this point. There are annotations to this CRS that might help, plus some circumstances that might convince a judge to consider this a personal expense. I'm hoping it doesn't go this far.
One last question: Where is your daughter-in-law's health insurer in all of this?
In what I think is a good point - they both had separate health insurance policies. His policy paid about half of the bill, and half he reneged on. Her policy wasn't involved.
|Copyright 1996-2015 trademark and the "Fool" logo is a trademark of The Motley Fool, Inc. Contact Us|