What is the name of your state? TN
Hi,
I was sued by a Washington Corporation in the state of Washington (I live in Tennessee). It was in regards to restaurant equipment shipped to my business in Tennessee which no longer exists. Before the actual court date, I had repeatedly requested proof of debt/copy of signed contract from the plaintiff, but never heard from them nor was I provided such proof. I was not able to appear in Washington, and a judgement was rendered against me in August of 2004. However, the judgement was rendered not only on myself, but also names my husband (HIS NAME, COMPRISED OF HIS MARITAL COMMUNITY). My husband did not have any knowledge (and still doesn't know) about this debt. On March lf 2005, plaintiff hired a Tennessee attorney to have the judgement domesticated in my state. I did appear in court pro se', but lost. I did tell the judge that I will be filing an appeal during the domestication hearing and he acknowledged and suggested I do so. I hired an attorney to do my appeal which is due on Monday, April 11th. I myself am a stay at home mom, and only my husband works. Here is my question: Washington is a community property state, Tennessee is not. My husband has a piece of land (in his name only, acquired through an inheritance from his mom) and an house in his name only. I myself do not have anything in my name. Can they still execute judgement on my husband's assets? He was named as a defendant but had no knowledge or hand in the debt, nor did our "household" benefit from the debt. Can this be considered as a separate debt and can there by any good and argueable reason to file the appeal? I feel my attorney is not as competent (he is fresh out of law school). I am doing the research myself and would appreciate any help. Thanks so much!!
Hi,
I was sued by a Washington Corporation in the state of Washington (I live in Tennessee). It was in regards to restaurant equipment shipped to my business in Tennessee which no longer exists. Before the actual court date, I had repeatedly requested proof of debt/copy of signed contract from the plaintiff, but never heard from them nor was I provided such proof. I was not able to appear in Washington, and a judgement was rendered against me in August of 2004. However, the judgement was rendered not only on myself, but also names my husband (HIS NAME, COMPRISED OF HIS MARITAL COMMUNITY). My husband did not have any knowledge (and still doesn't know) about this debt. On March lf 2005, plaintiff hired a Tennessee attorney to have the judgement domesticated in my state. I did appear in court pro se', but lost. I did tell the judge that I will be filing an appeal during the domestication hearing and he acknowledged and suggested I do so. I hired an attorney to do my appeal which is due on Monday, April 11th. I myself am a stay at home mom, and only my husband works. Here is my question: Washington is a community property state, Tennessee is not. My husband has a piece of land (in his name only, acquired through an inheritance from his mom) and an house in his name only. I myself do not have anything in my name. Can they still execute judgement on my husband's assets? He was named as a defendant but had no knowledge or hand in the debt, nor did our "household" benefit from the debt. Can this be considered as a separate debt and can there by any good and argueable reason to file the appeal? I feel my attorney is not as competent (he is fresh out of law school). I am doing the research myself and would appreciate any help. Thanks so much!!