How can i format my motion for summary judgement to remove spouse from case on a pre marital debt in az?

Asked about 2 years ago - Peoria, AZ

I am being sued on a time barred debt and have a trial date, i have submitted a motion to dimiss my spouse and the plaintiff submitted a response saying that they believe we were married at the time the debt incurred. I was going to file a motion for summary judgement and attach my marriage license, they are sueing me under my maiden name after all. I do not know how to word the motion for summary judgement, and i am not sure what i am to say on my memorandum..like az laws etc. Please help :)

Additional information

I meant marriage certificate not license.

Attorney answers (2)

  1. William W. Fife III

    Contributor Level 14

    Answered . Has the Court ruled on your motion to dismiss yet? If not, you may want to file a Reply to the Response that provides the dates you were married and when the debt was incurred. Also, if the SOL has run on the debt you should file a Motion to Dismiss on those grounds too. If you haven't done so already, you should issue Request for Admissions and Requests for Production to the Plaintiff to get information pertinent to your defense.

    William Fife is an Attorney with Fife & Cesta, a compassionate firm conveniently located off the US 60 in Mesa,... more
  2. Michael J Corbin

    Contributor Level 20

    1

    Lawyer agrees

    Answered . What you are asking is beyond the basic responses offered here on Avvo. You need to hire a local attorney if you don't know how to proceed with the pending litigation.

    We can be reached at 507.334.0155 (Toll Free: 888.777.5009). Our web address is: www. corbin-law-office.com.... more

Related Topics

Debt

There are different types of debt, but all involve one person (the debtor) owing money to another (the creditor). Terms of repayment are governed by a contract.

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