Can my spouse be sued for my medical bills incurred before marriage?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my spouse be sued for my medical bills incurred before marriage?

I have unpaid medical bills that were incurred before I was married to my spouse. I just found out a judgement was recently placed against myself & my spouse for these bills. I spoke to the collection agency and she told me that my spouse assumes my debt once we are married no matter how old the bills are. Is what she told me correct? If not, how do we go about getting my spouse’s name removed from the judgement? In SD.

Asked on March 3, 2011 under Bankruptcy Law, South Dakota

Answers:

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

Answered 10 years ago | Contributor

No, absolutely not.  First you need to go down to the court in which the judgement was issued and ask the court clerk to allow you to make an order to show cause to "vacate" the judgement based on the fact that you were not properly served with the summons and complaint in this matter.  Your husband needs to do the same.  Now, your husband has what is known as a meritorious defense - they are not his debt and he is not a proper party to the action.  Your defense is unclear from the facts that you have written so that may be a little harder.  But hopefully the Court will hear your case, dismiss it as to your husband and allow you to proceed on the merits and try and negotiate a settlement.  Good luck to you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption