Skip to main content

Can I have evidence thrown out or case dismissed?

Phoenix, AZ |

I am being sued for a deficiency balance on a car loan. I have mediation coming up. I got the first case dismissed and they filled again so I answered instead of motion to dismiss again. I filed an answer and a sworn denial. When I got their disclosure statement they had in there as evidence the return service letter and complaint they filed but these were for the case that was dismissed. To me these can not be used and should be thrown out. I also believe they filed in wrong venue cause I have never lived or did business in the legal boundaries of this court. This is for a civil complaint. The court is allowing them to appear by phone for mediation since they are in Utah.

+ Read More

Attorney answers 1


You need to consult with an attorney and have all of your papers reviewed. A Motion to Dismiss should have been filed, instead of an Answer, if you wished to challenge jurisdiction. I don't understand what the lender gains, or you lose, by attaching the prior complaint to the disclosure statement. If you are concerned, you should just attach your initial motion and order of dismissal to you disclosure statement, or do a supplemental disclosure.

The above "answer" is for discussion purposes only and is neither intended as legal advice nor to create an attorney-client relationship. An attorney-client relationship is not created until after an in person consultation and I agree in writing to provide representation. I am licensed solely in the state of Arizona. You should consult with a knowledgeable attorney in your jurisdiction.