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The problem is that they already have a default judgment so the bank records are immaterial at this point. You need to get the judgment set aside and then worry about it if they file again. You file the motion with the court and then the judge will hold a hearing.

I am assuming that his name is on the title which is why they have included him. Was he a named insured on the policy? Talk to the attorney from the insurance company and see if he can get the estate dropped from the suit.

The driver should tell his attorney the truth.

Attorney fees in NC are extremely low and will be cheaper than driving back to court considering the gas prices. Send me a PM if you need a reference.

State courts have concurrent jurisdiction over federal issues. You cannot remove to Federal court since you are the defendant and the federal issue is in your counterclaim. The Federal issue has to be in the plaintiff's complaint. I am confused about adding third party defendants and why you...

The law is constitutional. You can discriminate as long as it is rationally related to a legitimate state interest. Keeping drunk people off the road is a legitimate state interest. You really need an attorney in order to keep you out of more trouble than you are already in.

Since there were no damages, there is nothing to sue for. Here, a person is liable and we have several cases where parents served alcohol at a high school graduation party and there was a wreck.

Report them to the Attorney General in your state. They are not going to sue you over 250.00.

Has the estate been closed? Has the SOL for claims against the estate passed? Who carried the insurance on the vehicle?

The life insurance is separate and you do not have to use it to pay any of her bills. Notify Dell and ask.

SC has comparative neligence. If the passenger was encouraging the driver, then he can be held partially at fault. Likely they will settle for the available insurance but his insurance company is responsible for his defense. These things can sometimes take several years. I don't see how he...

If you have the title and it is in your name, they have no claim.

Not having seen the paperwork I have no idea whether it is valid but I would assume so. If there is room simply add a line or either attach a letter as an addendum.

You need to deal with the bank rather than the collection agency. I know they try to put you off by saying they but you will need to attack them. You need to fill out a police report and the Federal ID theft affidavit. Then pay a personal visit to the bank manager. If that won't do it, send...

What you will need to do is to file a Rule 60 motion to set aside the judgment for lack of service. Ask the clerk of court to print you out one from a previous case. She cannot give you legal advice but court records are public. It seems the service was to one address but the Rule to Show...

Not a reason for dismissal and if this is Texas it is a no point violation. Call the clerk of court for the exact amount to pay.

Depends on what the judge lets in over his attorneys objections. Trial judges have a lot of leeway and you can always try. Otherwise no. For example, if he was suing you for defamation of character, then you could bring all of this in to show that what you said was true. Since you are suing him...

In a civil suit character evidence is not admissible unless character is an issue.

Best thing to do is to answer like you just have.

You need to take the paperwork to an attorney and let him file an answer. He will notify the trustee and see that your claim for the mortage payments is included in the division.