Legal Question in Credit and Debt Law in Maryland

Add a debtor defendant (spouse) to an existing judgment

What are the rules and proceedures to add/amend a spouse to an existing debtor's small claims judgment already awarded. Time limits?


Asked on 10/08/02, 10:44 am

3 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Add a debtor defendant (spouse) to an existing judgment

Once a judgment is taken, the only way to add a spouse-defendant is to file against the non-judgment-spouse.

Problem is that the non-judgment-spouse may attempt to block your action via a defense that the matter was previously reduced to judgment.

Thus, you should be prepared to show why that judgment is not effective as a remedy.

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Answered on 10/10/02, 11:40 am
Cotie Jones Jones & Associates

Re: Add a debtor defendant (spouse) to an existing judgment

I agree, there is no provision to "add" a defendant. You need to file a new lawsuit, w/in Statute of Limitations.

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Answered on 10/09/02, 9:18 am
Daniel Press Chung & Press, P.C.

Re: Add a debtor defendant (spouse) to an existing judgment

You would have to file a separate lawsuit. The time limit is the original statute of limitations (usually 3 years in MD, but there are exceptions).

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Answered on 10/08/02, 11:12 am


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