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Author: kahunacfa Big funky green star, 20000 posts Top Favorite Fools Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 308230  
Subject: Re: Anyone ever fought a debt lawsuit? Date: 2/23/2012 3:38 PM
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My step-daughter received a Summons and Complaint in November. The debt appears to have been incurred by her ex-husband (for an anesthesiologist) about two weeks before they separated, then divorced. The total then (balance + interest) was about $750.

She called her ex-husband. He basically said “Too bad, I'm filing bankruptcy. Not my problem.” And he did – and the debt collector dropped him from the case.

We talked to the debt collector attorney, but her attitude was pay the money or go to court.

The debt collector filed a Motion for Summary Judgement and we responded. It got denied. We filed a Motion to Dismiss. The Plaintiff complained “You can't do that!”, but it appears too still be under consideration. We have a pre-trial conference early March. I think we have a great case – assuming the judge is open-minded and fair.

But we've never been through this before. Are judges fair, or are they buddies with these debt attorneys? Do they help laypersons navigate the legal system or just hang them out to dry? Are judge offended when you don't hire a lawyer? Anything to look out for? Any help/ideas is appreciated.
- DufusGoneSplat | Date: 2/21/2012 6:29:41 PM | Number: 304550

I have generally been on the plantif side of debt lawsuits for investments. Judges in such cases are fair, they follow established case law in each action. Your attorney should beable to assess the merits of your particular case.

Kahuna, CFA
Venture Capital
Portfolio Manager
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