Legal Question in Credit and Debt Law in New Mexico

Is my husband liable for a loan a friend gave me of $5000. This transaction was between us my husband was not even aware of it. I was served with an "Order For Production from The Magisdtrate Court and my husband's name was included in this, they also want 2007, 2008, & 2009 Income tax returns among other documents including pay stubs from both of us. What are my options?


Asked on 6/21/10, 12:25 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Unless the loan was for a medical necessity, your husband is likely not liable for the debt. If he is not been sued and is not a defendant in a pending legal action, then he cannot be held liable for the debt under the circumstances you describe. If he is not a party to the lawsuit, then he can ignore anything having to do with it except for a subpoena. You on the other hand are required to furnish copies of your tax returns as part of the "discovery phase" of the litigation. If you do not have a lawyer, find one to consult with for more specifics. Since you received a loan, your best option is to make a deal with the other party for repayment, as that will be the likely outcome of your case according to the facts you have presented.

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Answered on 7/02/10, 7:26 am


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