Sued for non-payment and fraud
May,2007, borrowed $150K from private party, 120K to go into an informal R/E partnership to improve and resell. Venture stalled, I lost all other assets (other reasons) and presently have only SS income. Served complaint which cites unpaid note and alleges fraud. Is it appropriate to answer (pro se) with my denial of fraud including sworn affidavit as to what happened?
1 Answer from Attorneys
Re: Sued for non-payment and fraud
You would be better off just filing a general denial and presenting your case in court. They may still win the case because they did lend you the money and you failed to repay it. I'm not sure what the agreement was between the two of you, though, so you could claim that there was no agreement to repay if you didn't profit from the investment. Bankruptcy would discharge the debt, too.
Call me if you would like to discuss your case in greater detail.