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Lucy, Esq.
Lucy, Esq., Attorney
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I am being sued for something I have no idea of, under a married

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I am being sued for something I have no idea of, under a married name, which I've not used since divorce in 1991. When I received a letter demanding payment for undisclosed services/goods a few months ago, I thought it was a scam and now I'm being sued! What do I need to do now? Thank you.
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this has happened.
When do they say that the debt was originally incurred? What type of debt is it?
Customer: replied 1 year ago.

Velocity Investments GE Money Bank. I don't know what type of debt/

It would have been prior to August 1991, when I divorced and no longer used the last name. I have received no bills, etc, until the letter for payment of ??? a short time ago, and now this court doc.

 

I really thought the letter was a scam of some kind, because they did not tell me even so much as what the charge was for!

 

The x husband was not a man of integrity and I wonder if he used my name for something.

Expert:  Lucy, Esq. replied 1 year ago.
Thank you.



First, you do have to respond to the Summons and Complaint, to avoid having a default judgment entered against you. That means filing an Answer, explaining that (1) They have named the wrong person in the Complaint, (2) You do not owe any debt, and (3) that the relevant statute of limitations has expired.



To respond to a Complaint, a person must admit or deny each of the allegations individually, or state that he lacks sufficient information to admit or deny the allegations. Because of the amount of time that has passed, you may not have enough information to answer any of the allegations. That's OK - you can just say as much. Here is a sample of what an Answer might look like.
http://www.creditinfocenter.com/legal/ive-been-sued.shtml#sampleletter


The statute of limitations is a complete defense to a lawsuit. In Arizona, the statute of limitations for breach of contract is six years from the date that the debt was incurred, or that a payment was made by the borrower. If you have had no communication about the debt since 1991, it is far too late to collect from you now.


Also, if the Complaint does not provide sufficient information for you to even figure out what the debt is, you can file a Motion for a More Definite Statement, asking for information regarding the debt, or a Motion to Dismiss for Failure to State a Claim, asking that the judge simply enter judgment in your favor. Just keep in mind that the judge can always order them to amend the Complaint to be more specific.


You may also want to check your divorce decree, to see if this particular debt is mentioned, and if it made you or your ex responsible. A court retains the ability to enforce a divorce decree, so you may be able to bring your ex in as a party, if his name was on the account, or get a judgment against him if you wind up being required to pay anything (which seems unlikely).


If you have any questions at all about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service at 3-5 faces/stars so that I get credit for helping you today. Thank you.
Customer: replied 1 year ago.


In replying to the court, can I write a letter, or do I need to use a legal form? Thank you

Expert:  Lucy, Esq. replied 1 year ago.
It's not a letter - the Answer follows the same basic format as the Complaint. There isn't a specific form that is required (although you can call your county courthouse to see if they have one that you can use), but you do need the legal heading that is on the Complaint.
The end should also include a certificate of service, which is your way of telling the court that you gave a copy of your response to the opposing party. Here is the example provided by the courts.http://www.azd.uscourts.gov/azd/cm-ecf.nsf/files/$file/cert+svc.pdf
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 20198
Experience: Lawyer
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