Need Advice Case is in the Morning!!!!

[kitkat2]

My Mother past away in Nov of 2000 and a friend of hers is taking me to court because she (her friend) claims that my mother owed her $600.00 on a credit card bill (her friends bill) and now she is trying to get me to pay this bill and there is no estate left by my mother. I have never even been inside a court room and am a little nervous about this whole mess. I don't even have proof that she made purchases on this card and who's to say her friend didn't run up the bill and trying to get me to pay it.
please help if you can

 

[I AM ALWAYS LIABLE]

My Mother past away in Nov of 2000 and a friend of hers is taking me to court because she (her friend) claims that my mother owed her $600.00 on a credit card bill (her friends bill) and now she is trying to get me to pay this bill and there is no estate left by my mother. I have never even been inside a court room and am a little nervous about this whole mess. I don't even have proof that she made purchases on this card and who's to say her friend didn't run up the bill and trying to get me to pay it.
please help if you can

My response:

First : "past" concerns "time", as in "It is half past eight".
When someone dies, it is said that they have "passed" on.


Second: There is nothing to be nervous about. You're going to Small Claims court - - it's not the U.S. Supreme Court. No one is going to harm you, or kill you. So, calm down (you'll see why in a moment).

Third: When you are at the "Defendant's" podium or table, I want you to REMAIN silent (unless the judge asks you a question). DO NOT interrupt the Plaintiff. REMAIN still. The Plaintiff MUST prove her allegations against you, first - - and, she won't be able to. So, remain silent. Let her dig her own grave.

Why am I saying that ?

The judge will ask you if you or anyone in your family opened a Probate estate for your mother through a court proceeding. To that question, you will answer.

Next, the judge knows that a child - son or daughter - cannot be made to answer for, or to be liable for, the debts of their parents (unless you guaranteed the debt of your mother in writing to the Plaintiff).

The judge will instruct the Plaintiff to make a claim against the estate of your mother, if there was an estate opened. If there is no estate opened, then the Plaintiff's case will be DISMISSED.

You'll be in and out of court (minus the time it takes for your case to be called) in about 5 minutes or less.

You will win.

You will now walk out of the courtroom and go home.

IAAL

 

[kitkat2]

Thank You so so so much for that advise. Sorry about the past not passed thing its late and I'm not even thinking clearly tonight. I think I will be able to sleep now I want to thank you again for that. Like I said I haven't even been to a court house before so I guess I'm more intimidated than nervous. I will let you know how it goes tommorrow.

 

[kitkat2]

I did go to court and you were right on the money. The case was dismissed. The judge said "there is no document the I signed stating I would pay the account if something did happen to my mother.So he dismissed the case. Now she is treating to take me to probate court. Do I have anything to be worried about???

 

[I AM ALWAYS LIABLE]

I did go to court and you were right on the money. The case was dismissed. The judge said "there is no document the I signed stating I would pay the account if something did happen to my mother.So he dismissed the case. Now she is treating to take me to probate court. Do I have anything to be worried about???

My response:

Great job ! I told you it would go down like this !

How long were you in court ? Please describe what went on. Did you remain silent ? Were you nervous ? Did you laugh as you exited the courtroom ? What did she say in court ? What did she say outside of the courtroom, both before and after the hearing ?

She can't take you to probate court because there is no such thing as "taking you to probate court".

Either she files a Claim with an existing "Open Probate", or she opens a Probate on her own against the Estate of your mom, not you.

To do so will cost her more than she's claiming from you. When she finally figures that out (give her about a week), you'll never hear from her again.

Additionally, she can't take you to court again for this same debt. The claim is now "Res Judicata" - - meaning, a judgment concerning this debt insofar as YOU are concerned, is all over and done.

IAAL