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-   -   Can I motion for dismissal since this has been ligiated. (https://www.askmehelpdesk.com/showthread.php?t=349421)

  • May 3, 2009, 11:55 PM
    youn8069
    Can I motion for dismissal since this has been ligiated.
    I'm being sued by my ex to pay in full the credit card balances I accepted responsibility for in our consent judgment.

    The consent judgment states I hold my ex harmless from the payments of these debts, and if any of these creditors make demand upon my ex for payment this agreement constitutes a judicial confession by me that I am liable for them as well as any attorney fees or cost if she is sued by any of the creditors.

    I have made the monthly payments continuously. No demand have been made upon her nor have she been sued for any of these debts.
  • May 4, 2009, 12:18 AM
    Zazonker

    Well, these things vary by state.

    In California, where I live, Small Claims deals only with monetary damages. As such, your ex would have no cause to sue you since nothing is owed to her and there are apparently no alleged financial damages. I am surprised that the court would even permit her to file the suit.

    I suspect that her motivation is based on the debt being in both of your names and that she is trying to get financing to buy something. The outstanding debt, in that case, would restrict her borrowing ability even though you have agreed to, and are living up to the payment agreement.

    That being said, if you have been served (as I would assume you have unless you are reacting to a blind threat of "I'm going to sue you") read carefully what the suit actually says. If you have questions remaining, consult an attorney specializing in divorce settlements.

    In California, your attorney can not represent you in small claims court, but as the defendant, if you lose, you can take it to Superior Court with attorney representation.

    This is not legal advise. This is "back of the envelope" "here's what I think, Dude" advise.

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