S
shrrapnel
Guest
What is the name of your state? Virginia
My husband's ex-fiancee has recently sent us (well, him) a summons that he is being sued for an amount of money he owes her. She resides in Missouri, and the court appearance is to be in a Missouri small claims court.
The original signed IOU said he'd have her paid back January of 2002. That didn't happen due to financial hardships that she was aware of and agreed (over the phone) to a longer grace period to pay the amount off--ending around the end of August 2002. Then, my husband and I got married and I took over our finances. I've been in contact with his ex and settled on a payment plan and new date that the total amount would be due. I have all this in writing, along with all the canceled checks showing the payments. I have been true to the repayment schedule we agreed to with the amounts and dates agreed upon.
Today we received a court summons with the amount due when they talked on the phone around January 2002. In the plaintiff remarks, she stated that the defendant owed the $1,300 (the January amount), and was refusing to pay. This is after paying her all but $177 of the total amount and her agreement to the new terms a month and a half ago. The final $177 will be repaid in two weeks, as she and I agreed close to two months ago.
She has been threatening to sue since May, though she has been receiving payments and knows of his current financial situation. She has also been tearing apart his character and reputation in almost all the correspondence she has sent both him and me.
My questions:
1. Even though she has a right to sue in an effort to collect a debt, does she have the right to sue for the "$1,300" that was owed in January when we have paid back all but $177, in accordance to the new agreement, by the date of the court apperance summons?
2. With my husband in the military, do her recent threats to turn him into his commander for "non-payment" constitute harassment and defamation of character? Being in the military, such false claims by a civilian would be detromental to the future of his career. (The military frowns upon financial problems.)
3. The written correspondence she has sent me always includes an attempt to bruise my husband's reputation with me and others. She has also said such statements to me over the phone and to people they once both knew. Is this also considered defamation of character/slander? If so, can we counter-sue her for that?
4. The court appearance is scheduled for a Missouri small claims court, meaning we'd have to travel 1,000 miles to make the appearance (should she not cancel the hearing). Being that we reside in Virginia, can she schedule the hearing in a Missouri court?
Thank you for any advice you can give me!
SN
(sorry for the long post!)
My husband's ex-fiancee has recently sent us (well, him) a summons that he is being sued for an amount of money he owes her. She resides in Missouri, and the court appearance is to be in a Missouri small claims court.
The original signed IOU said he'd have her paid back January of 2002. That didn't happen due to financial hardships that she was aware of and agreed (over the phone) to a longer grace period to pay the amount off--ending around the end of August 2002. Then, my husband and I got married and I took over our finances. I've been in contact with his ex and settled on a payment plan and new date that the total amount would be due. I have all this in writing, along with all the canceled checks showing the payments. I have been true to the repayment schedule we agreed to with the amounts and dates agreed upon.
Today we received a court summons with the amount due when they talked on the phone around January 2002. In the plaintiff remarks, she stated that the defendant owed the $1,300 (the January amount), and was refusing to pay. This is after paying her all but $177 of the total amount and her agreement to the new terms a month and a half ago. The final $177 will be repaid in two weeks, as she and I agreed close to two months ago.
She has been threatening to sue since May, though she has been receiving payments and knows of his current financial situation. She has also been tearing apart his character and reputation in almost all the correspondence she has sent both him and me.
My questions:
1. Even though she has a right to sue in an effort to collect a debt, does she have the right to sue for the "$1,300" that was owed in January when we have paid back all but $177, in accordance to the new agreement, by the date of the court apperance summons?
2. With my husband in the military, do her recent threats to turn him into his commander for "non-payment" constitute harassment and defamation of character? Being in the military, such false claims by a civilian would be detromental to the future of his career. (The military frowns upon financial problems.)
3. The written correspondence she has sent me always includes an attempt to bruise my husband's reputation with me and others. She has also said such statements to me over the phone and to people they once both knew. Is this also considered defamation of character/slander? If so, can we counter-sue her for that?
4. The court appearance is scheduled for a Missouri small claims court, meaning we'd have to travel 1,000 miles to make the appearance (should she not cancel the hearing). Being that we reside in Virginia, can she schedule the hearing in a Missouri court?
Thank you for any advice you can give me!
SN
(sorry for the long post!)