Sued and harrassed by relative

[singledad2005]

What is the name of your state? North Carolina

My wife died in March of '04. Her mother died 6 months later. Now my deceased wives brother is suing me on behalf of his mothers estate for breech of a contract between my wife and I and her mother plus "verbal agreements". I was only party to one written contract ($8,000) and it was paid to my knowledge from the proceeds of our home in 2002. This was done as part of a divorce procedure which was ended due to reconciliation. I now live in North Carolina and the brother in law is suing for 15,000 in California. The brother in-law has also made false claims of child abuse with CPS and made harassing phone calls. He has been notified by the sheriff Dept to cease but he doesn't. He is basically trying to ruin me because I have ceased all contact with him and he wants to be the uncle he never was.
I have no income but SS survivors benefits. Im raising a 8yr old girl on my own. I have no money for an attorney and Im doing my best to negotiate this minefield on my own.
Im trying to find decent case law or other basis to cause dismissal of the case. It seems like a stretch to sue for verbal agreements between 2 dead people. If my wife made a unilateral decision with a contract I signed without my knowledge, I cant see how I can be held responsible. Ofcourse theres the jurisdiction issue and the simple fact that there is simply nothing to take from me. The plaintiffs atty is also harassing me and shows very little ethics.
Any help is greatly appreciated.

 

[BelizeBreeze]

Regardless of whether or not you had KNOWLEDGE of what you signed, the contract was signed. You are legally liable for it.

I would suggest you go to wal mart and purchase an answering machine and let it pick up all calls. Then return only the ones you want. Also, you need to file for a TRO against the brother in law.

If the then contacts you after being notified of the restraining order, he will be in violation and you'll have proof from the tapes.

As to answering the lawsuit for the loan, where was the contract signed?

 

[singledad2005]

Thanks for responding,
The Contract was signed in San Diego Ca where the case is being tried. I now live in North Carolina. The atty for plaintiff says my wife paid $2,000 of the debt and apoligized for not paying in full. This was never brought up untill there was a law suit which is well after her death. I frankly think its total BS. The debt that WAS signed will fall under the statute of limitations soon unless a payment was made which is what I think they are trying for. As for "verbal agreements" on the remaining money, thats kinda silly I think. How can anybody provide legitimate proof? I had absolutely no idea about any money from her mother and we didnt share accounts during the time the plaintiff claims these conversations took place. It all seems like a very weak case. It is also quite obvious that there is nothing to take as well. I hope I can convince the judge to dismiss. I really just want the guy to leave us alone.
Thanks

 

[Dandy Don]

Are you willing to go through bank records or whatever is necessary to show that the $8,000 was paid by your wife?

Yes, verbal agreements are worthless and he is going to lose the case, but you are making a mistake by not at least consulting with an attorney who can give you precise advice and case law about exactly how to proceed.

This matter belongs on the business law message board.

 

[singledad2005]

Thanks,
I will post on the business law page too. It is an odd case involving contract and probate law so its a bit of a tough case to get help on. I have gotten minimal advice from lawyer referal services but they either say they are not qualified or that the case would cost more than its worth and I dont really have any money any ways. That usually ends the conversation pretty quick.
As for bank records I havent done that because her financial situation was hers alone and pretty much just paycheck to paycheck. Im wondering if it might be better to force them to prove it on theyre end. Afterall the burden of proof is on them so I basically want them to do the dirty work if possible. I have done all the dirty work so far regarding my wifes affairs and he has done nothing but be combative and dishonest. As soon as a judge makes a request or it becomes clear that resistance is not in my benifit I think I am going to let them beat theyre brains out. Im not the one paying $250 an hr to harass somebody, hopefully he will start seeing where this leads and give up. He can not take what I dont have and I live in a different state.
Thanks

 

[Dandy Don]

You may be making a mistake by not doing anything to respond to his charges--if you don't show up in court or get someone to do it, he may win by default. It does NOT cost $250 an hour to just get a CONSULTATION with an attorney to figure out what you should be doing to defend yourself.