kbm1234206 Posted May 3, 2018 Report Share Posted May 3, 2018 We live in Louisiana and my daughter has received a notice from Cavalry SPV LLC domiciled in the state of Delaware about an outstanding balance she has with Care Credit. We have to answer this petition within 15 days and we don't have a clue what to do! There is no way we can hire another attorney because I am already paying an attorney for her divorce, child custody, visitation and child support issues and I can't pay anymore for any other legal work. The divorce was just finalized in Oct. 2017. Our attorney has been sending requests for interrogatories for his w2's, 1099's, income tax forms, etc. Her ex doesn't give anything and constantly gets things extended. Our attorney has filed a 10.1 conference letter and his new response is he wants to terminate his parental rights. Anyway, he left my daughter with a ton of bills all in her name because he had horrible credit. Louisiana is a community property state, so he is legally obligated to pay half of all the bills. Is there some type of form letter that I can use to at least get this petition answered and let them know, they haven't settled any community property at this time? The majority of the bills are for medical expenses and he let the vehicle insurance lapse and the vehicle was in her name, so the state is also after her for all types of fines and of course penalty fees. Also, if she has to get stuck paying half of the bills, she will file bankruptcy. How can I let this debt collector know before they make a judgement against her? Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted May 3, 2018 Report Share Posted May 3, 2018 10 minutes ago, kbm1234206 said: Our attorney has filed a 10.1 conference letter and his new response is he wants to terminate his parental rights. Unless she is remarrying and her new spouse wishes to adopt the children or they are being adopted by someone else he cannot legally terminate his parental rights simply to escape his support obligations. Her attorney needs to be WAY more aggressive in dealing with this dead beat. 11 minutes ago, kbm1234206 said: Is there some type of form letter that I can use to at least get this petition answered and let them know, they haven't settled any community property at this time? You can check the court website as some of them do have a form for answering a small claims lawsuit. If yours does not you will have to draft a proper answer to the court. What you do need to know is that the divorce is not a legal defense to the suit. Her circumstances are sad and difficult but it isn't going to stop this lawsuit. 13 minutes ago, kbm1234206 said: How can I let this debt collector know before they make a judgement against her? No need to. Even if they get a judgment it could take a while to collect. Once she actually files BK it wipes out the judgment. She should probably get a consult with a BK attorney now. Quote Link to comment Share on other sites More sharing options...
kbm1234206 Posted May 3, 2018 Author Report Share Posted May 3, 2018 Our attorney is very aggressive and she is trying to see if the courts will terminate his rights because she is filing for abandonment since he hasn't seen his child in 2 years, hasn't ever paid anything for her and of course we can't get the child support set due to the fact he refuses to turn in income verification. His attorney keeps trying to say if she is so hard up for money, she should accept him paying the minimum amount required by law until things can be verified. His attorney has a long history of unscrupulous behaviors that aren't technically illegal, but definitely frowned upon by the courts. The ex doesn't want to turn in wage verification because he hasn't filed taxes and the IRS was going after him back in 2010. He works for cash the majority of the time. Our attorney knows that he will still have to pay child support up until the time when and if the termination is granted. My daughter has been dating someone for 2 years and separated from the ext for 2 1/2 years. Her fiance has been accepting all responsibility for the kids and does want to marry her but she doesn't want to get married again, especially since she finally got divorced in Oct. He kept delaying the divorce by stating they had reconciled and all other types of things we had to continuously go to court to prove just so the divorce could be finalized. Her attorney that is handling all the civil stuff for her will do her bankruptcy stuff if my daughter chooses to go this route. What type of draft will I need to answer the court? I didn't see one of the courts website. Quote Link to comment Share on other sites More sharing options...
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