I was divorced in March of 2011, in the divorce decree I was to sign my rights to the house away. I forgot to do the quit claim.

Q: I forgot to sign the quit claim deed for the home and received a judgment against me for credit card debt. My ex wants to refinance the house but since I am still on it he can’t due to the judgment against me. What are my options to get me off the house?

A: I agree that you should sign and record a quitclaim deed. However, you might also want to contact your former spouse and see if there are any documents required by the lender. This could lessen the risk that your spouse will come after you for violating the divorce decree.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

Answered by , Phoenix Litigation Attorney
Re-posted from AVVO Legal Questions & Answers.

How to drop a defendant of my complaint?

I have a law suit against a corporation and two people, Now I see one person in the case is not responsible for the charge, and I want to drop him off the case. Could you please instruct me how to do that.

A: This is probably not a decision that you should make without an attorney. As a practical matter, you would file a notice of dismissal as to the party who is to be dismissed. However, whether to do it–and what rights to preserve against that party in the future if things change–are issues you should discuss with someone who understands legal procedure. You might even be mistaken as to whether a particular party is “responsible” or not. Sometimes there is legal responsibility for reasons that are not clear to a non-lawyer.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

Answered by , Phoenix Litigation Attorney
Re-posted from AVVO Legal Questions & Answers.

If a check is marked paid in full can I still be sued?

I have a past contract employee that has been paid in full and marked on final check – however he is threatening to sue. He feels he is due more then agreed upon. I want to know if I am still at risk, if taken to court.

A: I have litigated the question of accord and satisfaction, and it can be complicated because it all boils down to what the parties intended. One big factor not mentioned above is whether the “Paid in Full” notation was on the front of the check or the back, where the endorsement goes. It is more likely to be considered an “accord and satisfaction” (meaning you would win the lawsuit) if it it on the back, above the employee’s endorsement. The answer to your question is likely to depend on the specific facts.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

Answered by , Phoenix Litigation Attorney
Re-posted from AVVO Legal Questions & Answers.

Do I need to respond or answer if the defendants lawyer is asking the court to dismiss my case with prejudice?

Im claimant. Lawyer of defendnt filed to dismiss w/prejud. I filed a motion of continuance so I could find a lawyer. Could the judge dismiss my case? I received disclosures within 20 calendar days , no copy of venue change was sent. Which filed for default because I didn’t know disclosure was also an answer? Is venue change same as an answer? I thought I had choice. Clerk left it on desk for 3 weeks. You can’t sue the court! Is it ok I responded with continuance motion while I seek help? There is still no decision which court it goes to. Can I keep it in small claims or do I have to agree? If you get disclosure papers is that the same as an answer? Instructions say defendant must change venue before giving answer.

Additional information
Defendant’s attorney was just denied his motion of dismissal and judge sent me papers that say motion to set date for hearing and also said plaintiff can represent herself, yes, I did respond I was looking for a lawyer, now I think I can proceed with these instructions I received.

A: Yes, you need to respond or your case will be dismissed and you will not be able to re-file it. It’s hard to answer your other questions without more information. However, either party can have the case removed from small claims court just by requesting it properly.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

By , Arizona Litigation Attorney.
Re-posted from AVVO Legal Questions & Answers.