Good evening. I'll be assisting you with your question.
Also I need to know if there is any risk to Real Property She has 2 autos in her name one paid for worth about $2200.00 and one not paid off balance is $9K its worth about $10K
As far as the first question, the only way you can have the case moved is if there is a valid legal reason for doing so, such as it was filed in the wrong county (which it sounds like it was not), or doing it in the county you are in would be unfair for some reason.
In other words, you can't just move it without a reason for doing so.
It was filed one county over but thats not a big deal
She can admit the debt is hers, and negotiate e a settlement. In fact, that's how most cases are settled, as opposed to a trial.
What are the usual % they will settle for?
There really isn't a set amount. I'd start with half of the original debt, and then work your way from there. At a minimum, they should back off of the fees and penalties.
So is her perosnal (Real) property (autos) in danger of getting into this?
Assuming it is her card, she can't really claim part of the debt. Either it is her card or it isn't. If it is, the whole debt is hers. If it isn't her card, none of the debt is hers.
So would she admit all the debt is hers or go with part of it with regard to the fees
It is her card
They could file liens on her property, so, yes in theory, her home and property could be brought into this.
If it is her card, it is difficult to argue the debt is not hers, absent some sort of fraud.
You have to assume that at trial they will prove it is her card, and make her liable.
So she should respond: Admit the debt is hers and then wait for them to contact her or in that same envelope should she offer a settlement
No, they will not necessarily offer a settlement. She should contact the law firm and tell them that she wants to negotiate a settlement.
Ok But what about the papers the sheriff served it said you have to respond within 14 days to clerk
She needs to contact the law firm. They can withdraw the lawsuit. However, if she doesn't or they don't want to negoiate with her, she will have to file a response. If she has to file a response she should file a general denial (where she denies every allegation against her).
If she has to go to trial, she should make them prove everything.
By proving everything what does that mean
If she has to go to trial, she should not make any admissions and make them prove it is her debt, that she hasn't paid, etc.
if she has to file a response she should file a general denial - Is that a form
There are general denial forms. You can check with your small claims court and see if they have one. If not, you can always take one of these and adapt it to your case.
Ok so for starters she should contact the lawfirm and try to reach a settlement
Yes, that should be her first step.
Glad to help.
If I can't do anything else for you, please remember to "rate" my answer before you go.
ok will do
Have a great day.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).