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Carolineelise · Jul 14, 2010, 07:30 AM

My husband is being sued by his EX-mother-in-law for "multiple personal loans" that she claims were made to him and her daughter over the years of their marriage in the amount of $4,200. He has no idea what she is talking about and she refuses to give him any information or details. (see you in court!) He and his ex-wife have been divorced over a year. Can he file a motion to dismiss based on untimely complaint or lack of information? And if so, how does he go about that. He has 30 days to provide the court a response.

this8384 · Jul 14, 2010, 07:48 AM

Originally Posted by Carolineelise

My husband is being sued by his EX-mother-in-law for "multiple personal loans" that she claims were made to him and her daughter over the years of thier marriage in the amount of $4,200. He has no idea what she is talking about and she refuses to give him any information or details. (see you in court!) He and his ex-wife have been divorced over a year. Can he file a motion to dismiss based on untimely complaint or lack of information? And if so, how does he go about that. He has 30 days to provide the court a response.

First of all, where are you located? Each state has a different statute of limitations; she may not even be able to legally sue him for this debt, depending on when the loan was made and when she received the last payment for it.

Second, has anything actually been filed? Has he received a court summons or is she just threatening a lawsuit? I would refrain from speaking to her anymore until you find out if she's actually suing him or not.

Third, does she also have her daughter listed as a defendant? She can't claim that she lent both of them the money and then sue only him for it.

She would have had to list her reason for suing in the court summons - what does that say beyond he allegedly owes her $4,200? Does he deny receiving the money?

this8384 · Jul 14, 2010, 08:17 AM

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excon · Jul 14, 2010, 08:30 AM

Hello c:

Small claims court is very relaxed. No matter what motion you file, it'll probably be heard at the same hearing the plaintiffs claim will be heard.

So, in my view, he'll have to appear in any case. But, this8384 is right. He can't be sued for loans made to BOTH of them. Have him deny the claim in his answer.

excon