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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11710
Experience:  Licensed Texas General Practice Attorney
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My fiance acquired some credit card debt about 10 years ago.

Customer Question

My fiance acquired some credit card debt about 10 years ago. The statute of limitations was about to expire then a legal firm pursued and acquired a judgement for $X. In trying to collect from her, they saw her name associated with the LLC that I formed while looking online at outdated information on D&B (years ago she acted as a secretary). They served me with Interrogatories and she was requested to attend a Proceedings Supplemental. Last year I stated on the Interrogatories that she did not work for us as an employee and received no paycheck. She stated the same in the Proceedings Supplemental and stated no assets (no income, no assets, etc. She is a stay at home mom). This year, just recently, I was served again with the Interrogatories and she is scheduled to attend another Proceedings Supplemental next week. However, a strange twist has occurred- Normally, I receive service at my home and business (I run the LLC in part of my home- it is an online business). She normally receives service at a different address. Now the twist- two weeks ago, I became extremely ill and was bed-ridden. While unable to get out of bed, my fiance was assisting me as a nurse, etc. Exactly at this time the papers were served at my front door and she signed for them (Her name on green card for service to our LLC that she does not work for- she did not recognize the envelope). I know for a fact that the Plaintiffs attorney received the green card and they have seen her signature. Now, of course, it is their belief that this is some sort of proof that she does indeed work for us- but she does not. When I file the Answer to the Interrogatories, what sort of additional comments/addendum should I include to explain this issue in a true and believable manner to the attorney and the Judge. I do not want to expose myself to any possibilities of contempt or perjury as this is pointedly not the case. The facts are that we are not married. She has no income. She has no assets. She does not work for us. We do not pay her. But she is my fiance and we do have a child together. Please assist as I must file the Answer with whatever proper addendum recommended today. Thank you in advance for your help on this most serious issue.
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq : Thank you for using JustAnswer. I am researching your issue and will respond shortly.
ScottyMacEsq : Do you actually have any employees? Do you have a separate LLC bank account that shows payments and withdrawals for payroll or other employees?
Customer : We have no employees
Customer : It is single member in Indiana
ScottyMacEsq : Did you see my question about the bank account?
Customer : yes. separate account. but no payroll
ScottyMacEsq : Understood. Do you have any accounting program that will show income and expenses (such as Quicken / Quickbooks)?
Customer : Not per se. I can show bank statements and/or merchant processing statements and/or credit card payments...We are going through some changes to our accounting practices currently...
Customer : There is no paper trail leading to her
ScottyMacEsq : Do you have copies of or access to bank account statements for the last 3 or 6 months?
Customer : Yes.
ScottyMacEsq : Thank you. I would certainly answer the interrogatories truthfully and completely as possible, as well as including 6 months of statements (if possible) with any non-relevant transactions blacked out (redacted due to nonrelevance) and any checks and payments explained. An additional letter explaining that this is run out of your home and her signature was in no legal capacity (as an employee / agent of the business) but rather that you were sick at the time and she was helping you out.
ScottyMacEsq : You should also say that you submit to the courts jurisdiction to supply an unredacted version of the bank account to the judge for an "in camera" inspection to judge the relevancy of the redacted elements (which are redacted based on relevancy or privilege, etc...)
ScottyMacEsq : Any checks that you write for the LLC you should attempt to get images of those checks, so you can show that none are to your fiance.
Customer : 6 months should suffice?
ScottyMacEsq : I think that this would be sufficient, and would show good faith on your part that you're cooperating as needed with this situation, and would also inform them that if they want more, to ask.
ScottyMacEsq : But it certainly shows that she's not now nor has been in at least the past 6 months employed by the LLC.
Customer : In your opinion, does this look over-the-top suspicious or just a casual anomaly?
ScottyMacEsq : If I were on the plaintiff's side, I would be suspicious, certainly, but the bank account along with the sworn testimony would put most (if not all) my suspicions to rest.
ScottyMacEsq : They're looking for some income source to garnish. They want to make certain that she's not working for you in any capacity and getting paid (either on or off the books) for that.
Customer : Frankly, it was a stupid mistake for us to make but I was really quite ill and neither of us was in a "right" frame of mind...otherwise, I would have answered the door and signed as usual...
Customer : Does it matter at all that we have a child together?
Customer : We are not married.
ScottyMacEsq : It would not matter from the perspective that she is not an employee or working for the LLC.
ScottyMacEsq : No.
Customer : Should I mention that to the Court so that they have a good and understandable reason why she was here?
Customer : or just that I was ill...
ScottyMacEsq : You can certainly say that she is your fiance, and that she's there in that role, not in the role as an employee.
Customer : AOK
Customer : Also, should I volunteer the bank statements or make a statement that I would be happy to provide them? I only ask in the interest of time as I need to file the Answer today...
Customer : Scotty, how long are you going to be on here today? I may need to follow up with you. I have an unlimited membership but there is a technical issue with it right now. Support is assisting me...But I may need to follow up...
ScottyMacEsq : I would volunteer the bank statements, as that shows that there's really nothing to hide, as well as a statement if they need any other documentation that you would be happy to provide it.
Customer : OK
ScottyMacEsq : I will be here all day, although if you're done for the time being, I do ask that you rate the answer so that I can assist other customers in the meantime.
Customer : I am not opening myself up to any liability by stating that she is my fiance? I feel the Court needs to know that for this to make sense but I don't want to open any unnecessary cans of worms...
ScottyMacEsq : No. You can mention that she's your girlfriend, etc... You could open yourself up, potentially, if she is married to you, and in that regard you might want to wait until this is resolved to get married (but that's up to you). But you have no duty to support a girlfriend or fiance and they can't get your assets in that regard.
Customer : OK
Customer : The debt was for about $16,000.00They achieved a judgement just before the statute of limitationsIt is growing 8%/annumit is now about $19,000.00Before the Judgement they were told that she had no money but she offered them $2000.00 (I was going to pay it) but they refused and sought Judgement.If you were us and did not want to answer interrogatories and show up for Proceedings Supplementals for the rest of eternity, how would you negotiate this? If we made them an offer and they accepted (say for $8000.00), would we be required to pay the $11,000.00 difference as an earned income tax liability to the IRS? How long can they try to collect from a person who cannot pay? Is there a limit?
Customer : sorry....the sentences stuck together...
Customer : Her credit score is 0, literally. Would Bankruptcy be the right road? She really does not want to do that to avoid any stigmatization...
ScottyMacEsq : While negotiations and tax are outside the scope of the original question (response to interrogatories), and to get a more complete answer you would need to ask a new question, I will briefly address them: Negotiations should include the threat of bankruptcy, as these debts are generally dischargable in bankruptcy. Forgiveness of debt income: yes, it would be included if it was clear (and in the case of a judgment, it would be).
ScottyMacEsq : Bankruptcy is not my specialty, so I can't say whether or not she would qualify.
ScottyMacEsq : But it should be threatened as part of a negotiation strategy.
Customer : OK...sorry to get too broad. Just trying to form a game plan. I will be with her at the Proceedings Supplemental with the Attorney. I thought I might try to negotiate a doable deal.
ScottyMacEsq : That might be a possibility, and I would certainly pursue it with their attorney. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time (~40 minutes) and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, XXXXX XXXXX luck to you!
Customer : I will rate the best score. Thank you.
ScottyMacEsq : You're welcome, and again, good luck to you!
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11710
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and 14 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Scotty, when they re-activated my $70.00/month unlimited subscription, they cancelled the $50.00 fee. I'd give you a bonus (as I tried to before) but the link to add a bonus is closed.
Expert:  ScottyMacEsq replied 1 year ago.
I understand. Thank you anyway.

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