Can a debt collection lawsuit be put against spouse of a missing party?

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Can a debt collection lawsuit be put against spouse of a missing party?

My mother is getting sued for debt that my father ran up. He has been missing in Mexico for 9 months. Can they hold my mother accountalbe for the debt which we don’t know if my father actually incurred?

Asked on May 9, 2012 under Bankruptcy Law, California

Answers:

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

Answered 9 years ago | Contributor

How horrible for your Mother.  You need to take the paperwork to an attorney to review.  The type of debt and when he ran it up will play a part in a determination as to your Mother's liability.   She also then needs to do something affirmative as to her marital status to protect herself.  Good luck.


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