I am being sued by a collection agency for a credit card debt that was opened by a 3rd party without my knowledge or consent 15 yrs ago. Once payments started to default I was made aware of the acct by cc company looking for money. The 3rd party is an ex-boyfriend and father of my child who admits to opening and using the acct solely. I did not press charges at the time as I believed he would make good on the payments (I know...but that was 15 years ago & I've learned a lot since then). I have an affidavit signed by 3rd party stating that he opened the account in my name without my permission and that all of the debt incurred was done by him without my approval. He also made some payments to the credit card company over time but not often enough to keep this out of collections. I have outstanding credit (outside of this issue) and I have receipts for a couple of the payments that he made throughout the years. I am attempting to do this without an attorney representing me for financial reasons but I fear that I dont have enough knowledge of the law & court system to do this right. I have already gone to pretrial and trial is set for next month.
I have researched the internet looking for help but don't know who I can trust as everyone is looking for money. I have 3 days left to "file my witness list and to file any dispositive motions". I was seeking the advice of an attorney but he has recently gone on medical leave for an unspecified amount of time. I'm not sure how to go about filing a witness list or even what it really is.
Specifically my questions are:
Do I have enough proof to win this case?
Should I or how do I file a motion to dismiss?
Plantiff filed a motion to add party-defendant - how do I get this denied or dismissed?
Court ordered discovery to be completed by Aug 12. I received summons from plaintiffs atty dated and received prior to Aug 12 but showing a due date after Aug 12 - do I still have to respond to these if court ordered discovery to be completed by Aug 12?
Can I file paperwork with the court to have the debt removed from my name and reassigned to the 3rd party? The 3rd party is willing to sign paperwork agreeing to this however his credit is horrible.
Any help would be sincerely appreciated!