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 :)
I meant marriage certificate not license.
Family Law Attorney
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. Answers on Avvo are not to be considered a response to a specific legal issue in a specific jurisdiction - they are to be considered only general responses to hypothetical scenarios posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction. No information contained herein should be construed as a solicitation for business, an offer to perform legal services in any jurisdiction in which the attorneys of Corbin Law Office are not licensed, or the dissemination of legal advice. No creation of an attorney-client relationship should be assumed or implied. We are a debt relief agency. Corbin Law Office helps people file for bankruptcy relief under the bankruptcy code.
Debt Collection Attorney
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, Arizona. The answers given here are based on the information in the question; for a complete answer you should have a consultation with an attorney you trust. Call now for a free bankruptcy consultation. We carefully evaluate your situation and give you real advice.