7 discharge in 2001 Now being sued

[SinkingFast]

You really need to find a Civil Law attny versed in Property Law. And you probably should pay that person to file a response with the Court on your behalf within the 30 days.

Your BK attny probably knows Jack about these types of legal matters.

Send the other Law Firm a personal letter saying the business went under years ago. Ha!

Like that will cut the mustard with the Court. Sending a personal letter to the Law Firm representing the people who are after you is not the same as a Legal Response filed in Court. It will not carry the same legal weight either.

And you cannot cry foul to the Court after you're socked with a Summary Judgement and say, "Our BK attny told us to do that." Ignorance is not a defense.

You need this done LEGAL so that law firm does not get a Summary Judgement against you. File a Response with the Court to protect yourselves.

[abballmom]

Do you have any idea how much it would cost to have an attorney file a response with the court? Can we do it ourselves? What would be the cheapest route to go while still protecting ourselves?

[bkbiker]

In my home state, new home builders have to warrantee there homes for 10 years against structural problems, foundation and that kind of thing.

If your S corp. was active when you built and was properly closed out later, I would not think that you personally would be liable for this.

Good luck,
bkbiker

[SinkingFast]

Do you have any idea how much it would cost to have an attorney file a response with the court? Can we do it ourselves? What would be the cheapest route to go while still protecting ourselves?

You may find something to help you on the Net. Some States are great an put all kinds of forms and sample letters out there.

To file a response with the Court, you may need one of those Legal looking forms that has the parties names at the top under the name of the Court.

You might want to file a Motion to Dismiss based on the Fact that you have not owned the property for however long. That the property went into Foreclosure and sat vacant for however many years. The seller of record is XYZ Bank.

If you hire an attny to file the response for you, you're probably looking at an hour of billable time. It's a standard form letter for them already saved on their computer. They just fill in the parts that pertain specifically to you. Then they have a courier hand deliver the Response to the Court. Most likely your Response will get "officially" recorded right then and there. Not lay on someone's desk until they have time to open envelopes and sort thru the mail.

And Yes I do know how much attnys charge. Plus an attny will know what you should and should not say in your Response. Sometimes that $200-$300 is the best money you could ever spend. Hiring an attny now to take care of the Response for you might stop this whole thing dead in it's tracks. Before it ever really gets started.

Just because the other people hired a "Big Guns" law firm does not mean they have bottomless pockets. They've already paid out some $$ to get this whole thing started. Every time you counter them, it costs them more money. The Plaintiffs may have thought this was gonna be an easy walk in the park, piece of cake to win. They'd file, you wouldn't respond, and Poof! they'd have their Judgement against you. In reality, cases like this, the attnys for both sides are the only real winners.

Been there done that. I really do know. But it's best to pay a "little" money out of pocket to protect yourself than to wind up in a whole world of hurt as the result of a HUGE Judgement. Many States allow for Judgements to be renewed. And if you wind up winning your case, you can force the other people to pay your costs to defend their claim against you.

[BassBoy]

It's a clear choice

Do you have any idea how much it would cost to have an attorney file a response with the court? Can we do it ourselves? What would be the cheapest route to go while still protecting ourselves?

Well, it's either pay an attorney a few thousand bucks....maybe find one to agree to a payment plan........or pay $200,000!

[anonymuse]

I think it's too complicated and too risky to do yourself. It will definitely be money well spend--ask for a payment plan. If you used a BK lawyer, ask him/her for recommendations for a lawyer that could handle this.

[abballmom]

Thanks so much to all of you for the excellent advice and ideas.

Because of all of you we are going to take this very seriously. If anyone else has any more to add I can use all the help I can get. Please keep your thoughts coming!!

[BassBoy]

I can add.......FIGHT THE GOOD FIGHT!

[aa06a47]

Definatly seek the advice of an attorney. Even though the corporation is defunct, people do come after officers of those corporations, which appears what they are doing here.

My gut tells me they could never win in court on this, but if no one brings facts to the table on your behalf, you could be screwed.