Can a debt collection lawsuit be put against spouse of a missing party?
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Can a debt collection lawsuit be put against spouse of a missing party?
My mother is getting sued for debt that my father ran up. He has been missing in Mexico for 9 months. Can they hold my mother accountalbe for the debt which we don’t know if my father actually incurred?
Asked on May 9, 2012 under Bankruptcy Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
How horrible for your Mother. You need to take the paperwork to an attorney to review. The type of debt and when he ran it up will play a part in a determination as to your Mother's liability. She also then needs to do something affirmative as to her marital status to protect herself. Good luck.
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