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

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 :)

I meant marriage certificate not license.

Attorney Answers 2

Posted

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.

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5 comments

Asker

Posted

Thank you but no attorney will help since the amount they are seeking is so little. I know how to format it..but I have seen that I need to attach a brief and I do not know how to explain in legal terms that I was not married and my spouse has no part in this case.

Michael J Corbin

Michael J Corbin

Posted

I think the actual reason why is because, in order to do all the work you wish, they want to charge you by the hour, which wouldn't be economical at all for you. That said, if you can't prepare the documents correctly, you'll need to hire an attorney - the court isn't going to change the rules simply because you don't have an attorney. I see this a lot - someone is pro se and thinks that if they simply send some papers in that they'll get what they want. There are also some other issues you need to address - doctrine of necessaries being the biggest one. I'd still suggest that you need to hire a local attorney.

Asker

Posted

I can prepare them correctly and I have for 2 years I just have to do a lot of research and ask a lot of questions then make sure I'm following the rules in my jurisdiction. The plaintiff has no proof which is why they failed to show to court 2 yrs ago now they are after me again and I have held my own pretty well thus far...why is there such a lack of confidence in a pro per case? It doesn't take a law degree to know that the plaintiff has the burden if proof and in this case they have none so as long as i keep responding properly they shouldn't win. Maybe they just won't show again...they are a junk debt buyer they planned on me not even responding.

Asker

Posted

I can prepare them correctly and I have for 2 years I just have to do a lot of research and ask a lot of questions then make sure I'm following the rules in my jurisdiction. The plaintiff has no proof which is why they failed to show to court 2 yrs ago now they are after me again and I have held my own pretty well thus far...why is there such a lack of confidence in a pro per case? It doesn't take a law degree to know that the plaintiff has the burden if proof and in this case they have none so as long as i keep responding properly they shouldn't win. Maybe they just won't show again...they are a junk debt buyer they planned on me not even responding.

Asker

Posted

I can prepare them correctly and I have for 2 years I just have to do a lot of research and ask a lot of questions then make sure I'm following the rules in my jurisdiction. The plaintiff has no proof which is why they failed to show to court 2 yrs ago now they are after me again and I have held my own pretty well thus far...why is there such a lack of confidence in a pro per case? It doesn't take a law degree to know that the plaintiff has the burden if proof and in this case they have none so as long as i keep responding properly they shouldn't win. Maybe they just won't show again...they are a junk debt buyer they planned on me not even responding.

Posted

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.

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6 comments

Asker

Posted

Thank you Mr. Fife, I have not yet received an answer from the judge on the mtd my spouse but I will definitely file an answer/ response. I filed a mtd plaintiffs complaint with case law and everything and it was denied so I filed a motion to reconsider with more case law but that was also denied. Now I am being told that since it is a justice court judge they could be biased towards the

Asker

Posted

Plaintiff because he has a law degree and I'm pro per...I guess case law from someone without a law degree means nadda?

William W. Fife III

William W. Fife III

Posted

It's not a response it needs to be titled as a "Reply to Response to Motion to Dismiss" The thing with Justice Courts is that many of the justices are not attorneys but are elected officials that go through a judicial training course after they are elected. That being said, some are excellent and with others you can get inconsistent results. Ultimately, if you disagree with a ruling you may appeal the decision to the Superior Court.

Asker

Posted

I just typed you a big long response and it didn't post...here is a shorter version... I am thinking about having an attorney file a motion to appear if that is the correct way to say it...hoping to scare off the plaintiff. Or, I continue alone and if I lose I did inform the plaintiff that I will file an appeal in a superior court with an attorney. Also, I sent them interrogatories req for admissions and req for pro of docs I also answered theirs. Still waiting to hear from plaintiff. I also probably made this too wordy and could've put what you said up top, but in my paperwork I say, " reply to plaintiffs response to motion to dismiss", I'm really just mimicking what they do...if they file something then so do I...is that appropriate?

Asker

Posted

I just typed you a big long response and it didn't post...here is a shorter version... I am thinking about having an attorney file a motion to appear if that is the correct way to say it...hoping to scare off the plaintiff. Or, I continue alone and if I lose I did inform the plaintiff that I will file an appeal in a superior court with an attorney. Also, I sent them interrogatories req for admissions and req for pro of docs I also answered theirs. Still waiting to hear from plaintiff. I also probably made this too wordy and could've put what you said up top, but in my paperwork I say, " reply to plaintiffs response to motion to dismiss", I'm really just mimicking what they do...if they file something then so do I...is that appropriate?

Asker

Posted

I just typed you a big long response and it didn't post...here is a shorter version... I am thinking about having an attorney file a motion to appear if that is the correct way to say it...hoping to scare off the plaintiff. Or, I continue alone and if I lose I did inform the plaintiff that I will file an appeal in a superior court with an attorney. Also, I sent them interrogatories req for admissions and req for pro of docs I also answered theirs. Still waiting to hear from plaintiff. I also probably made this too wordy and could've put what you said up top, but in my paperwork I say, " reply to plaintiffs response to motion to dismiss", I'm really just mimicking what they do...if they file something then so do I...is that appropriate?

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