Judgment & X-Spouse

[Pasofinoaz]

Can a court ordered Judgment whereby you are listed as the Defendant Please Pay) but also lists ,John Doe Please Pay, er Husband and each of them

Does this mean that Please Pay and X husband Please Pay are both going to receive this Judgment? (if so ordered)

This CC was applied for in another state and debt was was acquired in another state. Defendant Please Pay and X Husband Please pay now live in a community property state whereby Defendant Please Pay is being sued.

Should Mr X Husband Please Pay take his money out of the bank before this Judgment is ordered on Defendant Please Pay ?

Can the wages of X-Husband Please Pay be garnished?

Attorney is trying to get a SJ on me and then I will have to file BK.

If a Judgment is court issued and I file Ch 7 will my x-spouse still be liable at all?

This Attorney is relentless as I have no assets and am on SS.

Not a good time in life...Thanks

[LadyInTheRed]

It's very hard to understand your situation the way you post it. If you explain again referring to yourself in the first person and your spouse as "my spouse", it would be a lot easier to understand.

I think what you are saying is that you are named as a defendant in a case for your X's debt. If they get a summary judgment against you, they can collect against you. If you don't think there is legal grounds for you to be held responsible for the debt, you need to appear in court to fight the motion for summary judgement. I believe CP/SP issues depend on the state you live in when you incur the debt, but you need to consult with an attorney to be sure.

Your second to last sentance is very clear. If you have no assets and your only income is SS, they will not be able to collect on a judgement against you. Just make sure that your SS is not combined with any other funds. To avoid the hassle of having your account frozen and then having to have it unfrozen because it contains all SS funds, you might want to receive your SS benefits by debit card if you aren't already.

Depending on your state's laws, judgments can be renewed and be an issue for a long time. If you acquire assets in the future or start receiving non-SS income, you will be vulnerable to collection.

[Pasofinoaz]

It's very hard to understand your situation the way you post it. If you explain again referring to yourself in the first person and your spouse as "my spouse", it would be a lot easier to understand.

I think what you are saying is that you are named as a defendant in a case for your X's debt. If they get a summary judgment against you, they can collect against you. If you don't think there is legal grounds for you to be held responsible for the debt, you need to appear in court to fight the motion for summary judgement. I believe CP/SP issues depend on the state you live in when you incur the debt, but you need to consult with an attorney to be sure.

Your second to last sentance is very clear. If you have no assets and your only income is SS, they will not be able to collect on a judgement against you. Just make sure that your SS is not combined with any other funds. To avoid the hassle of having your account frozen and then having to have it unfrozen because it contains all SS funds, you might want to receive your SS benefits by debit card if you aren't already.

Depending on your state's laws, judgments can be renewed and be an issue for a long time. If you acquire assets in the future or start receiving non-SS income, you will be vulnerable to collection.

*************************************
Thank you .. I will clarify

Can a court ordered Judgment whereby Iam the Defendant but also lists ,John Doe , her Husband and each of them

Does this mean that Defendant and X husband are both going to receive this Judgment? (if so ordered)

This CC was applied for in another state and debt was was acquired in another state. Defendant and X Husband now live in a community property state whereby Defendant is being sued.

Should X Husband take his money out of the bank before this Judgment is ordered on Defendant ?

Can the wages of X-Husband be garnished?

Attorney is trying to get a SJ on me and then I will have to file BK.

If a Judgment is court issued and I file Ch 7 will my x-spouse still be liable at all?

This Attorney is relentless as I have no assets and am on SS.

Not a good time in life...Thanks

[despritfreya]

The caption of the law suit lists you and John Doe, as either the “marital community” or “husband and wife” because that is the way it is done in a community property state. For example:

ABC Collection Agency

v.

Mary Poppins and John Doe Poppins,
husband and wife

The plaintiff simply does not know if you are currently married. The plaintiff, under Arizona law, has one year to add your spouse (if there is one) to the suit thus, using my example, replacing “John Doe Poppins” with the correct name of Mary's husband. If the plaintiff does not properly name the spouse (if there is one) the judgment is not collectable against community assets (if there are any).

The plaintiff is not adding your ex-husband to the suit. The plaintiff is suing you and, if you are currently married, might try to "bind the community". If you are not currently married the caption of the suit will remain “John Doe” and has no relevance to anything.

Des.

[Pasofinoaz]

Thank you so much for this perfect explanation.

The caption of the law suit lists you and John Doe, as either the “marital community” or “husband and wife” because that is the way it is done in a community property state. For example:

ABC Collection Agency

v.

Mary Poppins and John Doe Poppins,
husband and wife

The plaintiff simply does not know if you are currently married. The plaintiff, under Arizona law, has one year to add your spouse (if there is one) to the suit thus, using my example, replacing “John Doe Poppins” with the correct name of Mary's husband. If the plaintiff does not properly name the spouse (if there is one) the judgment is not collectable against community assets (if there are any).

The plaintiff is not adding your ex-husband to the suit. The plaintiff is suing you and, if you are currently married, might try to "bind the community". If you are not currently married the caption of the suit will remain “John Doe” and has no relevance to anything.

Des.