can I ask for dismissal

What is the name of your state? Illinois
I was recently served for small claims, the petitioner is asking for reembursement of a debt she says she paid, in which I would be responsible for half. The debt was not paid by the petitioner, but by her husband, he is not listed on the suit. Does this qualify for a dismissal?

honkerguy said:

What is the name of your state? Illinois
I was recently served for small claims, the petitioner is asking for reembursement of a paid debt. The debt was not paid by the petitioner, but by her husband, he is not listed on the suit. Does this qualify for a dismissal?

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I think I am getting tired. I did not understand this. Could you try it again, sam?

honkerguy said:

What is the name of your state? Illinois
I was recently served for small claims, the petitioner is asking for reembursement of a debt she says she paid, in which I would be responsible for half. The debt was not paid by the petitioner, but by her husband, he is not listed on the suit. Does this qualify for a dismissal?

Click to expand...

On what grounds would a dismissal be considered. If you do try for a dismissal what would you say; "I don't owe the plaintiff because I actually owe it to her husband"? That is why you get to go to court, she feels you owe her the money, you don't feel the same.

Now here is a funny twist to the situation. What if the husband paid the debt and then assigned the rights of recovery to his wife? This would then give her standing to sue you for the debt, right?

Now here is one more thing that may make you want to go to court with the wife. I don't know your timeline but if the SOL is anywhere near expiring, this would take up time before the husband would know to file for himself.