Can my spouse be sued for my medical bills incurred before marriage?
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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 13 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.
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