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My wife was sued in the Supreme Court of BC for my credit…

My wife was sued...

My wife was sued in the Supreme Court of BC for my credit card debt that was handled in my bankruptcy in 2017 My wife was listed as a "user" not a co-applicant on all our cards beginning in 1987. All our correspondence was through email. Suddenly in 2010 my wife was listed as a co-applicant which as you know, if they can prove that, by showing the document she signed then she is. However, we or she NEVER SIGNED A CO-APPLICANT application as there wasn't one. When I filed her affidavit in response to the Royal Banks

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I"m in Canada so I guess you cannot help

Lawyer's Assistant: What steps have you taken so far?

Filed an affidavit repudiating the careless and incorrect and unsubstantiated claims the RBC. A week before we were to go to trial in British Columbia the RBC lawyer asked for an extension to the court date That was over a month ago and in the interim we sent a settlement offer Which I am now inclined to withdraw and go to court

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Our settlement offer was for 50% of the debt

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Customer reply replied 2 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
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Answered in 24 minutes by:
6/11/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,030
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am sorry to hear this.

But what is your specific question?

Thanks

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Customer reply replied 2 months ago
Shall I withdraw my settlement offer and go to court Obviously the RBC has NOT found evidentiary proof of my wife's signature changing her from a designated user of the credit card to a " co-applicant" and therefore liable?
Customer reply replied 2 months ago
OK I am not available for the next two hours I am after that

Your wife is not liable and there is no reason to settle. You were liable and you declared bankruptcy.

So yes I believe you should withdraw your settlement offer and then require them to prove your wife is liable and you know they cannot do that of course.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 2 months ago
My only concern is " if they can't find proof of "us signing a change from user to co-applicant" why didn't they accept our offer"? That way they would lock in a 50% settlement. Is it because they are just too big and frankly incompetent? Other than that concern, tomorrow I am informing their lawyer that we are withdrawing our offer to settle and look forward to seeing them in Court I may have gone bankrupt, but at one time I was the most successful tech entrepreneur in BC with 1,000 employees and in excess of $100ml in audited sales . It was a big fall.
I am so sorry to hear that.I don’t know what they are thinking but you are clearly a competent business person and you know
that your spouse is not liable so I think you have to stick with that position.
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,030
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