If I was served with summons in a debt collection lawsuit and the complaint refers to marital community but I am single, is anyone else liable?

I have a cohabitating partner. The relevant debt events, however, occurred prior to our relationship, and our finances are entirely separate. I intend to deny the existence of any such “marital community” in my response to the complaint. I am inclined to think this is just a scare tactic. The complaint does not even refer to anyone by name (Jane Doe). In what ways can she be made liable? Debts were incurred in one state and the lawsuit was filed in another.

Asked on March 30, 2012 under Bankruptcy Law, Idaho

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The reason that the complain probably states tht is becuase the creditor or debt collector is not aware of what your marital status is and because Idaho is a community property state so assets and debt can be both partners concerns.  If things are as you say and everything is separate and there is no legal marriage then she can not be made liable for your debt.  But I would strongly suggest that you seek help from an attorney in your area as soon as possible.  Good luck.


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