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Old judgement

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What is the name of your state? Indiana

I have a couple of questions.

My husband received a summons to report to Small Claims Court for a judgement issued in 1997 over a medical bill. Can he be arrested if he does not go to his court date?

Also, he is currently a SAH dad. Since he does not have income, can they hold me responsible for his debt?
 


seniorjudge

Senior Member
porcelina68 said:
What is the name of your state? Indiana

I have a couple of questions.

My husband received a summons to report to Small Claims Court for a judgement issued in 1997 over a medical bill. Can he be arrested if he does not go to his court date?

Also, he is currently a SAH dad. Since he does not have income, can they hold me responsible for his debt?

Q: My husband received a summons to report to Small Claims Court for a judgement issued in 1997 over a medical bill. Can he be arrested if he does not go to his court date?

A: No. But he will have a judgment against him.



Standard answer on expired SOL and/or validation and/or dispute letters. There are thousands of posts similar to yours on this forum so I have prepared a standard answer.

SOL (Statutes of limitation are DEFENSES to lawsuits; they do NOT provide a method to stop someone from suing you. This defense means when they sue you, you answer with the defense that it is barred by the SOL.)

http://www.bcsalliance.com/y_debt_sol.html

http://www.fair-debt-collection.com/Disputing_Collections/SoL-dispute-letter.html


Validation letter samples you can get at :
www.creditinfocenter.com
and www.creditboards.com


Disputes: You can write a letter of dispute to the three credit reporting agencies.

Go this website to find instructions and samples for how to dispute: http://www.creditinfocenter.com/creditreports/

Sometimes errors are easy to remove and sometimes they stick like glue. It is inexpensive to try and not difficult.

I am NOT a creditor-debtor lawyer; stand by for further help.

I am NOT vouching for the accuracy of these websites!

Debt settlement:

https://forum.freeadvice.com/showthread.php?t=293829
 
The judgement was issued in March of 1997. He has to go to court to answer to his income, etc. Since he has no income, can I be held responsible for his debt?
 

weenor

Senior Member
Of course he can....plus the creditor can attempt to attach to any joint assets you have- like oh..your bank account.
 

JETX

Senior Member
porcelina68 said:
My husband received a summons to report to Small Claims Court for a judgement issued in 1997 over a medical bill. Can he be arrested if he does not go to his court date?
Yes. If he does not abide by the court order, the judgment creditor can file a motion for contempt. If the court grants it, then the court could issue a warrant for his arrest due to 'contempt of court'.

Also, he is currently a SAH dad. Since he does not have income, can they hold me responsible for his debt?
Yes, and no. Any jointly held assets can be pursued. Then, if you disagree with the seizure or levy, you will have to file a motion to claim exemption and appear in court to explain why that asset should be exempt from seizure/levy.
 

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