I have proof that she made payments and authorized charges but not for all of them. If I have enough evidence to contradict her, do I need an attorney? Does she have to provide proof of the bills and charges? She is also stating mental and elder abuse. this is personal because our relationship has broken down and that is when she started threatening me for the bill. I even have a handwritten note asking me for 10k, I want to represent myself. What is my best course of actionWhat is a typical retainer and legal costs for this type of case? I don't have the money and am living paycheck to paycheck.
The best course of action when you've been sued is to hire an attorney to defend the lawsuit. I really do not recommend that you represent yourself, especially if your mother has an attorney. You have the evidence, but the attorney has the skills and knowledge about legal procedure to get you through the process such as how to file a proper answer, how to conduct discovery, how to take an oral deposition, how to prepare and oppose pretrial motions, how to take a case to trial including how to select a jury.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.
I agree with my colleagues that you should talk to an attorney. This is a complicated matter. Your question suggests some confusion regarding some fundamental issues; for example, the fact that she asked you for $10k is not helpful to your contention that you were authorized to use her card and that she agreed to pay for the charges. In fact, it appears to be evidence to the contrary. You should hire a lawyer. Good luck.
I have been licensed to practice in the State of Oregon since 1990. I am not offering legal advice regarding your question, only general information regarding the law. You are not my client nor am I your attorney unless we sign a retainer agreement.
if you have been sued you should hire a lawyer who can prepare a defense to the lawsuit brought by your mother. Good luck.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline