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Madbkseller · Mar 1, 2007, 05:04 PM

[F]Ok, so super long story short. In 2004 my husband and I settled over $40,000 in debt with his retirement money. Then, of course, we had to pay taxes on it for income. We had to borrow $7,000 from our son and we STILL owe him that money... The whole thing was a mess. There were two credit card companies that had no desire to accept any kind of settlement. The accounts were turned over to collection agencies who basically did nothing but harass us and never try to work anything out. So, surprisingly enough on Sunday 2/25 we got served from one attorney and then today another attorney for the other company. We were going to try to settle with the first one - we owe them $2,000 and had offered $1,200, but now with this other company hiring an attorney and have set a court date as well as the other one, this debt is $5,000 and we cannot settle with both. What should we do?? We don’t have that kind of money, could pay a small amount to each on a monthly basis... but geez... we are so sick of trying to work this crap out. Help!! Live in Illinois. Husband works full time, I do not work, health problems. Children mostly grown and gone...

mr.yet · Mar 1, 2007, 06:24 PM

File Notice of Intend to Defend the action. File Motion to Dismiss, lack of jurisdiction. Since you have been summons to appear, send to the attorney a discovery, demand to seethe original contract, not a copy. No contract, no claim.
When you go to court if the plaintiff is not there, motion the court to dismiss for the failure to appear.

You havethe right to cross-examine the plaintiff and attorney canot testify for their client/

Madbkseller · Mar 1, 2007, 08:29 PM

OK... Mr. yet... total newby here. What is a Notice of Intend to Defend? Motion to Dismiss and lack of jurisdiction? I do understand aout sending discovery to the attorneys, although one saved a step and send a copy of the original contract signed by myself and my husband, although no charges on either account have been copied to me.

mr.yet · Mar 2, 2007, 07:02 AM

Are you sure it the original contract? If not Notice of intend to defend to the court is that you will be there to demand strick proof of their alleged claim.

When you go to court, demand they producethe original contract not a copy, if only an attorney show up motion the court to dismiss their claim for lack of jurisdiction, both parties most be present, an attonery canot testify for their client.

Madbkseller · Mar 2, 2007, 11:04 AM

My husband decided to just hire an attorney. Hope it doesn't end up costing too much. We are just so sick of dealing with this. Thanks for the info.

lrhall41 · Mar 5, 2007, 12:52 PM

Mr. Yet, is there a sample of the letter to Intend to Defend or Motion to Dismiss around here that I can use to write mine? I have no idea where to even begin with this.
Thanks for your time.

ScottGem · Mar 5, 2007, 01:45 PM

Originally Posted by lrhall41

Mr. Yet, is there a sample of the letter to Intend to Defend or Motion to Dismiss around here that I can use to write mine? I have no idea where to even begin with this.
Thanks for your time.

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