Legal Question in Credit and Debt Law in Virginia

Is it a shared debt?

I'm married but separated. I have been named as Plaintiff, along with my husband, in a suit to collect a medical debt. The debt was incurred prior to the marriage. Also, I have not been served and the address used to serve him, is not and has never been my address.

What relief is available to me?

Asked on 11/18/06, 12:12 am

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Re: Is it a shared debt?

If the medical debt was incurred in behalf of your husband prior to the marriage, it is his liability and cannot be attributed to you.

Furthermore, if you have not been properly served with papers in the pending suit, then the matter cannot go forward against you in whichever court has jurisdiction over the case.

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Answered on 11/18/06, 12:48 pm

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