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I am a pro se plaintiff in Kentucky. I am filing a motion to file a first amended complaint. I am keeping the original complaint which is on a promissory note naming one defendant. I wish to amend the complaint to add two counts. 1st, to add his wife as a defendant claiming she was an intended 3rd party beneficiary to the monies, and 2nd, I'm considering adding a count of fraudulent transfer because I think he is actively hiding his assets under his wife's name. If my motion is granted, in due course I plan to file for summary judgment. There are really no issues of material fact about the original count. I believe I can make a good argument bringing the wife in as a beneficiary. I'm not so confident I can prove the fraudulent transfer. Q.1 If I am adding the spouse and I think she holds most of his asset do I need the fraudulent transfer count (again, I'm not sure I can prove)? Q.2 Can I ask/can the judge grant summary judgment on the counts separately or only the whole complaint?
1. You should still add the fraudulent transfer, because it is possible to get a judgment against only one defendant. In this case your actual collection depends on a judgment against the wife. But if you add the fraudulent transfer, a judgment against the husband will do just fine.
2. Yes.
Thanks. To be clear, If the judge grants leave to amend to add both new complaints and I move for summary judgment the judge can grant on the counts individually; assuming he agrees with me on the original complaint on a promissory note? So he could grant judgment in my favor on count 1 (the guy defaulted on the note and owes me money) and 2 (his wife was an intended beneficiary so she can be ruled a judgment debtor whose assets I can now levy) but rule not enough evidence on the 3rd count?
yes, everything you have said is correct. It happens like this all the time.
Attorney
Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor