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Thank you for your quick response. The only thing I left out is that when the case comes to court, I'm planning on coming clean with them and explaining that I'm on unemployment(for 2.5 more weeks), I live with my parents for free and have no job or assets. I just dont understand how they can come after me when I have nothing to start with. From a business perspective(and this is their business as u pointed out), it makes no sense for them to put any time into this.
I was going to respond to the complaint
1. with: Disagree-Repudiation-Plaintiff is not named in any alleged agreement that is purported to have been entered into between Defendant and Plaintiff.(either that or-Plaintiff's complaint violates the Statute of Frauds)
2. with: Disagree-Failure of Consideration
3. with: I do not know if the statements are true.
4. with: Disagree-Failure to State a Claim
What do u think? Good idea or bad?
How about Doctrines of Scienti et volenti non fit injuria?
What about getting the affidavit thrown out as hearsay?
Should I be writing my own affidavit?
Okay, thank you for your time sir. Just one last thing for me to be satisfied. So I'll simply put deny to all including for #3? And for my reasoning write, deny for want of knowledge to all four. Keep in mind that while this is the only suit I currently have against me, I expect others to follow as I owe a bank and 3 other credit cards money but have yet to hear from them. YET being key here(see, not completely dumb. lol). So now I'm considering chapter 7. Probably a good idea i know but how will this affect my current case? Bankruptcy takes roughly 3 months, so won't they be expecting moneys before I can go through with the bankruptcy? If my case closes before the bankruptcy will I still owe to them or is it considered a debt to wipe with the rest of them?
Thanks in advance for all of your help and knowledge. Look for my good service review.
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