skyline Posted August 28, 2012 Report Share Posted August 28, 2012 Can midland file a law suit on just me if myself and another person are on an alleged account. During summary judgement the lawyer for the plaintiff made the comment , well the other person should be on this also. The sol in oklahoma is very uncertain. The suit was filed 4 years after alleged last payment. If I bring this up now can they just add someone else or would they have to refile. If they had to refile would it go off the first date they filed or would it be past the sol . Is this something that would be considered a reason to have the case thrown out. Link to comment Share on other sites More sharing options...
nascar Posted August 28, 2012 Report Share Posted August 28, 2012 Failure to include an indispensable party is grounds for dismissal.An party is indispensable if the lawsuit cannot be litigated without them. It that the case? Link to comment Share on other sites More sharing options...
skyline Posted August 28, 2012 Author Report Share Posted August 28, 2012 midland has the suit in my name only. The old bill(with the wrong acct # on it that they are suing me for) has my name and my spouse on it. If I bring this up can they simply add a name to the case? If they have to refile it is now past the sol. Can they refile using the old date? Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted August 28, 2012 Report Share Posted August 28, 2012 this is not grounds for dismissal. and when it's this late in the process, they prob cant add a defendant either - typically there is a time limit on amending the caption to add a defendant and serve a supplemental summons. Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted August 28, 2012 Report Share Posted August 28, 2012 It isn't clear how this came about, but it sounds like you had your wife added as an authorized user on the account. If you were the applicant and the account was opened in your name, the wife is basically off the hook. They really don't need to sue her, she's your responsibility. You could implead her as a third party defendant, which means you are suing her because you feel she is responsible in part for your damages, but after that you'd better learn to sleep with one eye open. It really wouldn't accomplish anything on your part to have your wife added as a defendant, other than you may be forcibly neutered when it is least expected. The most she could be held liable for is what she charged on her own, unless it was something basic for the house, food, clothing, shelter, medical care, etc. I would forget this approach. Link to comment Share on other sites More sharing options...
BV80 Posted August 28, 2012 Report Share Posted August 28, 2012 Here's some OK case law:"Necessary parties are those who are necessary to a determination of the entire controversy." 59 Am.Jur.2d, Parties, § 10. "`[N]ecessary parties are defined as those without whom no decree at all can be effectively made.'" First Nat. Bank of Enid v. Clark, 1965 OK 71, ¶ 12, 402 P.2d 248, 250. "When a necessary or an indispensable party is omitted, the court cannot, as a rule, assume jurisdiction.'"I think it means that one is considered a necessary or indispensable party if that person is absolutely necessary to the case because a fair decision can't be made without them. In your case, it might depend upon the identity of the other person. If it's your spouse, that spouse may not be a necessary party because the decision would affect both of you. Well, that is, depending upon the laws of your state concerning property, etc.However, if that other person is not your spouse, and the decision would only affect you when it actually should also affect him/her, then that person might be a necessary party. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted August 28, 2012 Report Share Posted August 28, 2012 However, if that other person is not your spouse, and the decision would only affect you when it actually should also affect him/her, then that person might be a necessary party.not on a jdb credit card case. Link to comment Share on other sites More sharing options...
skyline Posted August 29, 2012 Author Report Share Posted August 29, 2012 The other party is my husband. We are not divorced. The jbd lost in summary judgement. Asked for reconsideration in my order to compel. These jokers have no evidence I have asked for many times over the last 3 years. Going to hearing tomorrow. I'm just going to ask for a trial date. Get this over. They have never proved this is my account even have some bogus acct#. The attorney for midland in summary judgement asked why was he not on the case. Just thought it was something I could use to get this to go away. I will post tomorrow about the hearing.Thanks to all on the forum for all help over the last year. Link to comment Share on other sites More sharing options...
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