If my creditorhad me summoned to appear in court for a judgment debtor’s exam, do I also need to bring financials that are in both mine and my wife’s name?

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If my creditorhad me summoned to appear in court for a judgment debtor’s exam, do I also need to bring financials that are in both mine and my wife’s name?

It is asking me to bring in all of my financials but most of my financial also include my wife. Should I include those as well. She is not on the debt that is owed. I am a full-time student and have no income other than a small VA disability that is less than a $1000 a month. We also have 2 children in our household. I’ve tried offering a payment arrangement, as well as a full settlement but they would not take my offer of what I could afford.

Asked on July 25, 2011 Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to read the order of examination regarding what documents you need to bring. If it states all of your financials, you need to do so even if the documents provided also pertain to your wife if you cannot separate yours from hers.

Some states have laws where one half of the marriage's assets that are community property can be levied upon to satisfy a judgment before marriage or after marriage of one spouse.

It is unfortunate that a monthly payment plan cannot be worked out for you. Perhaps after reviewing your financials, the judgment creditor may reconsider a payment plan to satisfy the debt. You might also consider consulting a bankruptcy attorney if your liabilities greatly exceed your assets.

Good luck.


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