What should I expect next

[PellMel]

I received a summons and complaint from a JDB and did file an answer on time with the courts (and mailed copy to attorney on file). So what should I expect next? I am checking the online court dockets to make sure nothing else is filed or done without my knowledge. I am so new to this and have read sooooo much (AZ RCP's and court rules, etc) I am questioning what I have read. I am second guessing what I am reading I guess...lol.

Am I waiting for the next move from them? WIll they have to send me copies of anything they petition the courts with? I am out of the SOL for my state so I am hoping this will just get dismissed but I know sometimes these JDB's will try anything. I guess I am just wondering if I need to check the court dockets everyday for any "surprises" or they will send something in the mail for the next step.

Any insights appreciated.

[KentWA]

If it is out of SOL, be proactive and MTD, so you can get it over with.

[unusualsuspect]

Well if you know this is OOS, then submit a Motion to Dismiss... in AZ, credit card statute is 3 years - as was reinforced recently in DSS Financial Group vs. Walrod (Maricopa County).

The law you're looking for is ARS 12-543.

[PellMel]

It's out of the SOL it was 2004. Of course they obvioulsy think they can still sue otherwise they wouldn't right (joking here)

I filed my answer 1 week ago so I can go and do a MTD and state the case am I reading this correctly? I thought I was to answer and wait for something first. Just curious if these people will produce some bogus affidavit or something. Haven't seen anything filed yet though.

I'm such a newbie at this

[TheBeeGuy]

Hi again, PellMel.

Did you file a MTD with your answer? If you did, the plaintiff has 10 days to file a response to which you have 5 days file a counter response.

If you filed only an answer, the next step is a pre-trial conference 4-8 weeks from now. The court will send you a notice in the mail for the date you need to appear. In the mean time, as the others have said, get a MTD filed based on SOL if you haven't done that already. You want to get it in soon so the judge can rule on it at your PTC.

[PellMel]

Hi BeeGuy

I just filed the answer. So, I should go down to the court and file a MTD asap stating the SOL. In doing my reading I was under the impression that it was a back and forth thing (them, me, them, me, etc). So, I will do that. Is there a special format to follow (I'm sure there is ) or can I use their form? In my answer I used their form and stated "see attached" on the bottom.

Wondering why this was filed outside the SOL and with no attached evidence at all. I guess they we expecting me to not answer and easy for them. Not sure. I can't remember if AZ RCP's state that they have to attach evidence or not I have read so much. Sometimes I know they don't have to that it comes later. They didn't have any statements or letter of assignment or anything. I'm rambeling.

So, I should have the MTD in place before the pre-trial hearing?

[TheBeeGuy]

Technically you're supposed to prepare the motion and a separate memorandum supporting your motion. The motion would say "Defendant moves this court to dismiss this action based on Plaintiff's failure to state a claim upon which relief can be grated. Attached is a memorandum in support of this motion."

Something like that.

Then your memo would outline the points:

"Defendant has never entered into any sort of business relationship with Plaintiff and denies owing money to the Plaintiff.

Defendant denies having a credit card from [OC] but asserts that if he/she did have an account, denies that this account went into default.

If this account did go into default, Defendant asserts the default occurred no later than XX XX, XXXX.

Pursuant to Arizona Revised Statutes 12-543, action on this account cannot be brought after the 3 year anniversary of the default.

Since this action was brought after the expiration of this 3 year period, Plaintiffs action must be dismissed with prejudice and Defendant is entitled to an award of legal fees and expenses in defending this action."

You can make it more of a narrative if you want, but the idea is to establish your legal grounds for your motion.

You can probably skip the memo and just include these statements in your motion if you want. Easier still, there might be a form on the county website for filing this motion, in which case you just fill in the form.