Help with Motion for Summary Judgment and incomplete discovery

[cmcone]

My story is long so I am going to try to shorten and simplify as much as possible. Abour 4 years ago my sick and broke father was staying with me after a major surgery. I had a son in college and one that had just graduated and moved out. My father stole their identity and racked up about 18000.00 in debt with about 10 credit cards. This amount moved to just under 30,000 with fees by the end of this. Once I found out he had moved out of state with his exwife and was unable to pay the bills. I tried to pay but could not. Then about 6 months later my father passed away. My sons and I put all the debt into a debt settlement company. Then my mother passed away about 1 year later. I used 18000 of her inhertance money to pay the debt. All but one company for 400.00 for one son and one company for 5000.00 for the other. My sons have ruined credit and I spent all my money on this. Now the 5000.00 sold the debt and they are suing my son. In Aug of 09 they filed a suit and dropped it the day of trail. Then about 1 year later they filed again. They sent discovery questions which we answered. (BTW we can't afford an attorney and are fighting this pro se) We sent discovery questions which they answered 10 days past the 28 allowed. There answers to everything was nothing. They denied everything and when asked to produce any documents, signatures, contracts...they didn't. Also, with our original we counter claimed as they unjustly called me and my son. The trial was set for Nov. 4, they requested an extension and got it for Dec. 3. That is where we were as of yesterday. Our defense was going to be the obvious, this is not my son's debt. He didn't apply for it, use it, or know about it until it was past due and maxed out. Yesterday I recieved 2 things for the plaintiff's attorney. First was a motion for summary judgment. a motion for leave to file motion for summary judment instanter, and a motion to convert trial into hearing on plaintff's motion for summary judgment. Second, we recieved the following letter from the attorney.

"Please be advised that I have reiewed your September 27, 2010 discovery responses and have found them to be completely unresponsive to the discovery propounded on you of SPetember 1, 2010. Please correct these deficiencies immediately, or I will request that the Court compel you to do so. If I am required to file a motion to Compel, I will seek attorney's fees associated with that filing.

In reviewing your discovery responses, you objected in some form to every Interrogatory that requested even the most basic information. Specifically, you objected to providing your address and telephone number, the length of time you resided at your address, your prevoius addresses, you date of birth, and your social security number. Your specific objection was that the interrogatories seek information that is "personal, confidential and private," and "is not relevant toany issue in this action, information not calculated to lead to the discovery of admissible evidence, information not relevant to any subject matter of this action, and would result in the disclosure of information where such disclosure would violate the provacy righs of the Defendant."

Even the most cursory review of your Answer, Counterclaims, and discovery responses reveals tat you are the party that put the requested information at issue in the pending lawsuit. Specifically, you denied use of an account in you name, with your address, phone number, and social security number. Additionally, by bringing counterclaims based on mail received at your address, and telephone calls made to your telepone, plaintiff is well within reasonable limits of discovery to question you as to your address and your telephone number. Thus, Plaintiff was welll within the bounds of discovery to ask you to provide the information that you put at issue.

Additionally, in response to each Request for production of Documents, you indicated that you will provide any documents prior to the trial date. As the trial is currently set for December 3, 2010 I will request that the Court bar an y documents not received within the week.

Finally, in rewponse to Interrogatories 24 and 25, you objected to the questons as "premature" and indicated that you "will most definitely have explain [sic] denials in this action." and "will most definitely have defenses in this action." These interrogatories merely request details about denials and defenses that you have already asserted in a court pleading, not denials and defeses that you may believe arise after discovery. Nonetheless, as Plaintiff has responded to your discovery requests, and has also moved for summary judgment, Plaintiff requests that you conform with rules of discovery and seasonably supplement your discovery responses.

Again, if these issues are not corrected immediately, I will seek the assistance of the Court in ordering you to respond to discovery."

I have some ideas on how to answer this but I’m am not sure enough to proceed without help. I do know I have to answer the motion for summary judgment by November 30th. Any help would be greatly appreciated.

The funny thing is I was considering asking the court to compel answers from the Plaintiff as their answers were really nonexistent. Here are a few samples of their answers.

You are hereby requested to produce, at the time and place set forth in the instructions, the original Credit Contract, signed by Defendant, setting forth the terms of such a contract.

To this , Plaintiff sent a copy of the terms of service contract that comes with every credit card. No, signature.

You are hereby requested to produce, at the time and place set forth in the instructions, the Debt Purchasing Agreement, setting forth the terms, legality, right and extent of transfer. Please do NOT provide a Bill of Sale, as it does NOT set forth the full terms of the alleged debt purchase, nor does it show what rights has been transferred, nor does it show your purchase price. All of these elements need to be included in your response.

Answer: Plaintiff objects to the Discovery Requests to the extent that they seek irrelevant information not likely to lead to the discovery of admissible evidence and to the extent that they are over broad, vague and ambiguous.

DEFENDANT’S REQUEST FOR ADMISSION:

Admit that the Plaintiff does not possess a copy of any credit application for account 5155920001787325, bearing the Defendant’s signature.

Answer: Plaintiff and neither admit or deny, and therefore must deny for lack of knowledge. Plaintiff is without settlement information as to whether the original creditor has such documentation.

Again, thank you for any help.

[skippy1960]

Quite frankly I am suprised you are dealing with this at all. I believe you could easily file a police report that your sons identity was stolen. As the person you believe to have stolen it an incurred the charges is deceased they would be out of luck.

Kinda suprised you didn't do this to begin with, I get the family connection protecting your father, but was it worth it?

Have you attempted to speak with the attorney and tell them you are willing to sign such an affidavit?

Did you claim the identity theft in your answer as affirmative defense to the claim?

[cmcone]

We did not report it because when it all first started he was still living and at the time in not so bad health. But that changed quickly over the next 6 months. Was it worth it? All three of us are healthy and we are doing all we can to rebuild credit. But to answer your question, no we did not discuss this with an the Plaintiff's attorney. My feeling is this...we have gone through so much to protect him and my extended family from knowing this and all the fights it would incur, that I would hate to have to do that now with this jdc who we owe nothing to. We have told him it is not my son's debt and if they could produce one anything that has his signature on we would be able to get it verified it was not his signature. He never used the card, never sent an email, never paid it, wrote a check, nothing. I thought it was the burden of the Plaintiff to prove liability? My thought is that cannot be proven because my son is not liable. Any thoughts?

[skippy1960]

We did not report it because when it all first started he was still living and at the time in not so bad health. But that changed quickly over the next 6 months. Was it worth it? All three of us are healthy and we are doing all we can to rebuild credit. But to answer your question, no we did not discuss this with an the Plaintiff's attorney. My feeling is this...we have gone through so much to protect him and my extended family from knowing this and all the fights it would incur, that I would hate to have to do that now with this jdc who we owe nothing to. We have told him it is not my son's debt and if they could produce one anything that has his signature on we would be able to get it verified it was not his signature. He never used the card, never sent an email, never paid it, wrote a check, nothing. I thought it was the burden of the Plaintiff to prove liability? My thought is that cannot be proven because my son is not liable. Any thoughts?

I wasn't trying to insenstive to your family situation, so I do apologize. Here is the battle you will have to fight. You were heading to court for a trial in front of judge where you would be able to have told your story, but now they have turned the tables and filed for MSJ. This means a review of the case on pleadings. They are going to say you did answer and adimission or interg correctly and technically you are liable for the debt.

IMO two coarses of action-

1. Fighting MSJ which is no easy task for pro se to put together. I alot of paperwork to create. To beat SJ you must create a "triable issue of fact", somthing that requires a judge or finder of fact to decide in court.

An easy rule of thumb on what you need to file is this. They should have sent you their motion. For every part or section you need to answer with a similar document.

Example, Motion for Summary Judgement, you file Opposition to Motion for Summary Judgement. Statement of Facts, you file Opposition to Statement of Facts. Affidavit in Support of MSJ, you file Opposition to Affidavit in Support of MSJ

Most importantly you need to file a Declaration of "Name of Person being sued" and be sure to have this statment notarized prior to filing. This declaration should include the identity theft piece.

2. Stop worrying about a deceased parties reputation and start worrying about your sons future. You are correct credit histories can be rebuilt, but seems a large price to pay. Ask yourself this question? If your dad came back in light of his actions what would he tell you to do. Make sure his Grandsons and yourself have an easier way or keep fighting and keep my follies hidden......

Choice is yours and I will respect and try to help if I can whichever decision you make as I am sure others will too.

[cmcone]

Ok, first I didn't think you were being insensitive, I was just explaining why we didn't. So what you are saying is that they have a section called:statement of facts, which they list several things that are not facts but their opinion of the facts. So do I state our facts in the same format they used? Their next section is Law and Argument, where they state cases that clogged up courts unnecessarily. And that we have no paperwork to refute the case claim against us. Also that we did not request debt verification within 30 days of being notified of the claim. (We did request it but we did not send it by certified mail. So we sent it again about 1 month later.) My question here is, whether it was requested on time or not, is it not the Plaintiff's job to prove liability?. Then as part of our counter claim we state that the Plaintiff has continued to contact us by phone after a stop letter. They state in the law section that they did not contact us. But I have a voicemail locked into my phone form them. THere is no message but the call went to voicemail from their number and it was one year after the letter and after they state they did not call us. This was not the only phone call. They called my son's work and my son but they did not keep the record like I did. We don't have records to use as far as he didn't use the card because he didn't use the card. I only have bills that were sent to my house. So I am not sure how to answer this part. I agree the courts are clogged with useless lawsuits but we did not start this suit and my son is not guilty of anything.

As far as the affidavit, if we say identity theft, do we say who and how? What about why it wasn't reported? Now that my father has passed away we really have no way to prove it was him and the bills came to my home. And I paid them while we were trying to get things straightened out. And he paid them from debit card several times telling me it was other bills I needed to pay for him. If I don't say it, can we just say it is not my son's bill or card and he had no knowledge of it?

Sorry for all the questions but I'm starting to think that you think we are in trouble even though we didn't do it.

[skippy1960]

For ease for others reading your posts, if you can break up the long paragraphs into sections with specific questions you are more inclined to get multiple responses from the board members. When you have a number of questions in a long paragraph it is more difficult to answer all of the questions that maybe asked.

Ok, first I didn't think you were being insensitive, I was just explaining why we didn't. So what you are saying is that they have a section called:statement of facts, which they list several things that are not facts but their opinion of the facts. So do I state our facts in the same format they used?

From a form and formatting perspective your Oppositon filing should have all the same components or sections how ever they maybe worded in a document you create. As I am not from your jurisdiction I dont know exactly what you recieved. Example Law and Argument in your neck of the woods is called Memorandum of Points and Authorities where I am from.

Yes you would dispute their state fact and then offer evidence to support your dispute. Attach any supporting evidence as Exhibits as they did.

Their next section is Law and Argument, where they state cases that clogged up courts unnecessarily. And that we have no paperwork to refute the case claim against us. Also that we did not request debt verification within 30 days of being notified of the claim. (We did request it but we did not send it by certified mail. So we sent it again about 1 month later.) My question here is, whether it was requested on time or not, is it not the Plaintiff's job to prove liability?.

You are correct they brought the suit so they need to prove your son owes the debt. Use the verification letters as evidence you disputed, they will say they didn't recieve but they are in the record.

Then as part of our counter claim we state that the Plaintiff has continued to contact us by phone after a stop letter. They state in the law section that they did not contact us. But I have a voicemail locked into my phone form them. THere is no message but the call went to voicemail from their number and it was one year after the letter and after they state they did not call us. This was not the only phone call. They called my son's work and my son but they did not keep the record like I did.

I assume this means you have filed with the court a counterclaim to the suit, if this is correct then you should use it.

We don't have records to use as far as he didn't use the card because he didn't use the card. I only have bills that were sent to my house. So I am not sure how to answer this part. I agree the courts are clogged with useless lawsuits but we did not start this suit and my son is not guilty of anything.

I don't know what you are trying to say here....

As far as the affidavit, if we say identity theft, do we say who and how? What about why it wasn't reported? Now that my father has passed away we really have no way to prove it was him and the bills came to my home. And I paid them while we were trying to get things straightened out. And he paid them from debit card several times telling me it was other bills I needed to pay for him. If I don't say it, can we just say it is not my son's bill or card and he had no knowledge of it?

If it were me I would definitly say who and how, upon examination of the charges on the account you should be able to point out that your son wouldn't have made those charges. I don't know how old your son is I assume he was in his teens when this happened....

Sorry for all the questions but I'm starting to think that you think we are in trouble even though we didn't do it.

My conclusion exactly, you may want to get a legal consult from an attorney in your area, sometimes you can catch a free one other times might have to pay $200. You will be in better position if can swing the consult.

I believe you didn't make the charges but will the law or court be able to rule in your favor, do you have enough evidence to make the court believe it.

[cmcone]

For ease for others reading your posts, if you can break up the long paragraphs into sections with specific questions you are more inclined to get multiple responses from the board members. When you have a number of questions in a long paragraph it is more difficult to answer all of the questions that maybe asked.

From a form and formatting perspective your Oppositon filing should have all the same components or sections how ever they maybe worded in a document you create. As I am not from your jurisdiction I dont know exactly what you recieved. Example Law and Argument in your neck of the woods is called Memorandum of Points and Authorities where I am from.

Yes you would dispute their state fact and then offer evidence to support your dispute. Attach any supporting evidence as Exhibits as they did.

You are correct they brought the suit so they need to prove your son owes the debt. Use the verification letters as evidence you disputed, they will say they didn't recieve but they are in the record.

I assume this means you have filed with the court a counterclaim to the suit, if this is correct then you should use it.

I don't know what you are trying to say here....

If it were me I would definitly say who and how, upon examination of the charges on the account you should be able to point out that your son wouldn't have made those charges. I don't know how old your son is I assume he was in his teens when this happened....

My conclusion exactly, you may want to get a legal consult from an attorney in your area, sometimes you can catch a free one other times might have to pay $200. You will be in better position if can swing the consult.

I believe you didn't make the charges but will the law or court be able to rule in your favor, do you have enough evidence to make the court believe it.

I don't know what kind of evidence there could be. I don't have any receipts for his purchases. By the time I got the bills they were all maxed out for the most part. What charges I did see were grocery stores and gas stations for the most part. The most positive thing that can be said is the my son never signed for anything or paid anything. Do you think the fact that there were many cards being used at the same time under both their names would be at least a sign that something was up? Again, I go back to the point/question, isn't it this collector the one that has to show that it is my son's debt if my son says it isn't. How would this be proven if we didn't know who the thief was?

[skippy1960]

I don't know what kind of evidence there could be. I don't have any receipts for his purchases. By the time I got the bills they were all maxed out for the most part. What charges I did see were grocery stores and gas stations for the most part. The most positive thing that can be said is the my son never signed for anything or paid anything. Do you think the fact that there were many cards being used at the same time under both their names would be at least a sign that something was up? Again, I go back to the point/question, isn't it this collector the one that has to show that it is my son's debt if my son says it isn't. How would this be proven if we didn't know who the thief was?

Here is the problem you face. They will have at least a few monthly statements from the card that will show your address, and may show a payment. So if their are statments mailed to your address and payments being made on the account how would you not know the thief? Typically identity theft the card is maxed out very quickly in short period of time and no payments are made. Your case isn't like that.

You should really try to see an attorney on this, for a consult to get a proper direction from someone who has viewed the documents you have and is from your jurisdiction. Check to see if there is a legal aid group in your area.

[cmcone]

This long but please can I get an opinion or two. It is my first draft.

Statement of fact

On or about May of 2008 I became aware of Household credit card in my name. The card had been used locally as far as I know but was not a card I had ever applied for. There were several other cards in my name and my brother’s name also. There was clearly identity theft taking place. But due to the sensitive nature of the theft, my family opted to try and handle it. We used a debt settlement company to try to end this and get on with our lives. But money ran out before they settled with Household finance. We signed with this company on or about July, 2008.

About one year later I was contacted by Weltman, Weinberg, and Reis to pay this bill. I told them it was not my bill. In order to get information about me, they contacted myself, my father, my mother, my brother, my place of employment, and my uncle. This happened on a daily basis. On or about July, 2009 I sent them a letter requesting they not contact me except by mail. I did not send this letter by certified mail. I do not have a copy as the computer it was composed on is no longer in my possession. I understand that this makes this hearsay but I am stating it.

The next contact I had with them was a lawsuit brought against me on or about September, 2009. I answered the lawsuit and prepared for trial. I sent a certified letter request debt verification and again requesting they stop calling me or anyone else in regards to me. The Plaintiff cancelled the lawsuit on the day of the trial. The judge called me to tell me it was cancelled.

Over the next year I did receive occasional telephone calls from them and a few written letters. One on February 19, 2010 which stated they were sending me copies of account statements that were currently available to them. (Exhibit C for the Defendant). One on August 24, 2010 stating they were turning my account to their Asset Verificaton Department (Exhibit D for the Defendant). And one dated November 8, 2010, stating my discoveries were incomplete. And I was to give them my social security number (Exhibit E for the Defendant. ) In July 2010 I received a telephone call from them at my work place. My mother also received a call she did not answer but as the call went to voicemail, she locked it. I am sending a picture of this call to her phone as exhibit A for the defense. I will produce the the actually phone at hearing/trial. It was placed on July 15, 2010 at 10:39 AM.

The address the statements were sent to is not my address and has never been my address. It is my mother’s address and at the time most of the statements were sent, it was also the home of my grandfather. I did not see these statements until on or about May, 2008. I wish to also make note here that the accounting on the statements sent as exhibit D seem inconsistent. Statements up to and including 01/27/08 show a balance near or above the credit limit of $5000.00. On the 02/26/08 statement the interest shows a balance transfer calculation of $4874.94 but not explanation or credit availability to support that. Also, there is an interest rate change from 03/26/08 to 05/26/08 to 06/26/08. And again on the Harvest Credit Mgmt last statement details for household bank (Exhibit F for the Defendant).

On October 1, 2010 I sent the Plaintiff request for Discoveries. The answers were to be sent by November 1, 2010. These answers were not received by the court until November 9, 2010 and not received by me until November 12th. My request for discoveries mainly requested anything with my signature on it. Nothing was produced.

By bringing a lawsuit against me, the Defendant, it is the Plaintiff’s burden to show proof . There is no proof to be shown and the Plaintiff has admitted that by lack of proof. Plaintiff’s Statement of Facts are not facts but their opinion of what the facts could be. They are not true.

Law and Argument

Plaintiff states that they are owed money because the Defendant has shown no proof that he does not owe the debt. Plaintiff also states:

“In North v. Pennsylvania Railroad Company (1967), 9 Ohio St. 2d 165, the Ohio Supreme Court encouraged the elimination of:

‘backing of cases which clog our courts awaiting jury trial...in whic no genuine issue of fact exists. The availability of this procedure and the desirability of its aims are so apparent that its use should be encouraged.’”

Plaintiff also states that they are entitled to judgment because Defendant has shown no proof that he does not owe the debt.

Defendant asked the court to consider, the Defendant has no proof because it is not his debt. This has been stated many times along with the requests to produce any document with Defendants signature, or proof that payment was made from his bank account. There is no such proof because it is not the Defendant’s debt and was procured without his knowledge. This suit should not have been filed unless the Plaintiff had proof this was the Defendant’s debt and not circumstantial evidence. Even the statements which the Plaintiffs states is proof the Defendant owns the debt were not sent to any address that the Defendant has ever resided.

Defendant also asked the court to consider, although the Defendant agrees with the Plaintiff that the courts should not be burdened with unnecessary lawsuits, the Defendant did not begin this lawsuit. Neither this current one or the previous one filed last year. When a lawsuit is filed it becomes the Plaintiff’s burden to prove the case. It also should be a case where the Plaintiff is trying to collect on something the Plaintiff was wronged by. Below I have included a link to the Stark County of Ohio website, Instruction to the Jury.

(From a Ohio court website. I can't post the link here yet)

Civil Lawsuit 
Most often this type of case involves one side filing a lawsuit against the other side of the case. Normally the suit asks for money damages. Civil lawsuits include cases involving auto accidents, medical malpractice, breach of contract, and many other matters.

Plaintiff-Defendant: The side filing the lawsuit is usually called the plaintiff. The side being sued is usually called the defendant. Calling each side by plaintiff or defendant does not mean one side is right and the other side is wrong.

When a party files a civil lawsuit or asserts a claim, that party must prove the issues relating to the claim by the required burden of proof.

Burden of Proof In a civil lawsuit, the person filing the suit must normally prove his or her case by a preponderance of the evidence. The term preponderance of the evidence means the greater weight of the evidence. If insufficient proof is offered then the person may not recover

Currently, with the Plaintiff’s only evidence of this claim our statements sent in my name to an address I do not and have never resided. Also, a vague bill of sale that states Household Card Services gave them the right to collect on this debt. Also, seemingly flawed accounting. This does not appear to be “a preponderance of evidence”.

The Plaintiff states that a credit card agreement is an agreement between the cardholder, the bank, and the merchant. Defendant agrees with this statement but submits he did not enter into an agreement with the bank and the Plaintiff is none of these.

Plaintiff also states that production of statements from a 0 balance need not be produced to prove an account. Defendant will accept that statement but does not accept that nothing showing the defendant used, payed for, or applied for the credit card is not acceptable as proof of liability.

Defendant states that he and the Plaintiff have never had a relationship or debt agreement between them. Plaintiff, by their own admission states that they purchased a bad and charged off debt. Plaintiff also has produced a “Bill of Sale” which states that there is an agreement between them and Household Card Services which they purchased on April 10, 2008. This agreement allegedly outlines their agreement and terms. Plaintiff has not produced this document (attached exhibit B for the Defendant).

Plaintiff claims right to summary judgement on Defendant’s counterclaims.

Plaintiff’s states that the Defendant requested Verification of debt past the 30 days limit. As perviously stated, that is not true but Defendant admits that he did not sent it certified mail and will have no record for the letter. The Defendant also states that he did request documentation of his signature on anything from the original agreement with Household Card services to a payment or receipt. This was done in his request for Discoveries. Plaintiff stated in their answer that they did not possess any such documentation.

Also the Defendant would ask the court to consider that verification of this debt in some form is the Plaintiff’s only proof of debt.

Plaintiff states that no telephone calls have been made to the Defendant. The request pursuant to the Fair Credit Act was that no one be contacted in regards to the Defendant. Defendant shows Exhibit A to show that a call was made to his mother’s phone on July 15, 2010 for the Attorney’s for Harvest Credit Management.

Conclusion

The arguments set for by me, the Defendant, clearly indicate that this is not a case for Summary Judgment for the Plaintiff. It not only can disputed that the Defendant made any of these transactions, it is disputed with no evidence showing otherwise. Never did the Defendant use this card, pay on this card, apply for this card, or knew of the existence of this card until on or about May, 2008. And that is stated in the Defendants affidavit and would state under oath and penalty of perjury.

Wherefore, as the burden of proof has not been established and the Defendant is denying this debt, Defendant respectfully ask this Court to deny this Motion for Summary Judgment.

[cmcone]

Affidavit

xxxxxxxxxxxxx COURT

xxxxxxxxx, OHIO

xxxxxxxxxxxxxxxxxxxxxxxx ) CASE NO.__________________

xxxxxxxxxxxxxxxxxxxxxxxxxxxxx0 )

DENVER, CO 80203 )

)

Plaintiff )

) ANSWER

vs. )

)

xxxxxxxxxxxxxxxxx )

xxxxxxxxxxxxxxxxx xxxxxx )

xxxxxxxxxxxxxxxxxx, OH )

)

Defendant )

Now comes _____________________________, who first being duly sworn, according to law, deposes and states as follows:

This is not a credit card I have ever applied for, used, or paid for. I did not have knowledge that this card existed until on or about May, 2008.

This credit card was used by someone who stole my identity.

__________________________________________

[skippy1960]

How old was your son at the time this happened. If he was underage you maybe able to speak to the fact that it was impossible for them to have a contractual relationship with a minor....

[cmcone]

No, he was over 21.

[cmcone]

Here is the problem you face. They will have at least a few monthly statements from the card that will show your address, and may show a payment. So if their are statments mailed to your address and payments being made on the account how would you not know the thief? Typically identity theft the card is maxed out very quickly in short period of time and no payments are made. Your case isn't like that.

You should really try to see an attorney on this, for a consult to get a proper direction from someone who has viewed the documents you have and is from your jurisdiction. Check to see if there is a legal aid group in your area.

I did think that identity theft is from family members in a lot of cases. Most all the payments could have been made from my account, not my son's. My dad used it to pay bills on line and of course I didn't know that he wasn't paying his own accounts and what the balances were. He would pay between 20 and 50 to different cards. He was on social security and gave me his check for the most part. It didn't cover everything and I gave him a lot of money too. You have to understand, he had 3 major surgeries in the course of 3 years. Every time we were told he wasn't going to make it. Every thing I did for him I did thinking I would never see him again. Once he started to show improvement he wanted to move out of state with his exwife. That is when I first started to get bills. Before that he was getting them out of mail when I was at work. Occasionally I would get a piece of mail for one of my sons but just put it in a piled and never thought much about it. Once he moved all heck broke out. We are going to consult an attorney but after all the money spent on this already it will be tough to pay. If we get council and win will the Plaintiff have to pay?

[skippy1960]

That is a question for the attorney that you will visit. You need the attorney to take it on a flat fee basis, don't get roped into and hourly contract. You could end up paying more to the attorney than the debt is worth.

Good Luck, I know I haven't been as helpful as you could have used, but so much going on in your case and I am not from your jurisdiction. This means really can only give general guidance....