JMS

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About JMS

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    Arizona
  1. hello , i am in Arizona, I am being sued by Capital One attorneys Blatt Hansenmiller lierbske and moore llc, the plaintiff in my case listed me as the defendant, my husband filed a motion to deny a request for alternate service by the plaintiff. The judge sent and order basically saying my husband has no standing in the case. according to Az law all law suits with married couples needs to list both spouse. Is there something i can do about this. I have not answered the suit yet, what should my strategy be, should I wait until i go to court to motion that the complaint be amended, wait until they get judgement or inform the court in answer to make plaintiff amend the complaint. Help if you can
  2. I might add that my husband filed a motion to not allow alternative service, the Justice Court ruled that he was not part of this action and basically had no standing. They served me by attaching to the front door. The Plaintiff is Blatt, Hansenmiller, Leibsker & Moore LLC. The judge ordered that the spouse had no legal right in this action.

  3. hello, 

    I was served a summons and complaint, I am married, the complaint is only in my name as defendant, the laws in arizona state  A.R.S.} 25-215 D. Except as prohibited in section 25-214, either spouse may contract debts and otherwise act for the benefit of the community. In an action on such a debt or obliga­tion the spouses shall be sued jointly and the debt or ob­ligation shall be satisfied: first, from the community property, and second, from the separate property of the spouse contracting the debt or obligation. My question is shall I wait to file a Motion to Dismiss at the trial or should I file a motion to dismiss with my answer to the complaint?  I have typed one out in my answer to dismiss with prejudice.  Do they get a second bite at the apple when my husbands name is added to the action. If it is dismissed without prejudice they will enjoin my husband and continue. what is the best strategy for this action?

     

    1. Show previous comments  1 more
    2. JMS

      JMS

      according to the A.R.S. Plaintiff would have 21 days to amend complaint, if the judge allows that after his own order not to allow my husband to be part of the suit, how can the plaintiff collect any judgement since we are a community property state. I am just trying to position myself for a settlement. basically I want to settle but the collection agency will not. 

    3. calawyer

      calawyer

      On what basis did the Judge order that your husband not be part of the suit?

       

      There are some posters here that have litigated in Arizona.  Maybe if you ask the entire board you will find someone who has seen this pay out.

    4. JMS

      JMS

      ok thanks , my husband filed a motion for denial of alternate service, the judge said he has nothing to do with the case and allowed the plaintiff to attach the complaint and summons on our front door.  seems like we don't have a prayer in small claims in arizona, really a hard state. what i don't understand is the refusal of the collector to allow us to settle.  we are only talking $2900. The collectors want large amounts of interest, court cost and fees. crazy