Legal Question in Credit and Debt Law in Maryland

No Responsibility for Debts incurred by Others

How does one protect themselves from debts incurred by others. Case at hand - a friend, married with two teenage children fears that her husbands gambling (a serious problem) will lead to his causing others to attempt to collect his gambling debts from her and/or from joint property. I recall from my past, individuals posting a notice, for several consecutive days, in a local newspaper. Is this an option? If so, how should it be worded? My friend is a US Citizen of Vietnamese/Chinese origin. Limited English language capability. (Husband same). Trying to assist if possible. Thank you.


Asked on 2/14/02, 2:09 am

2 Answers from Attorneys

Daniel Press Chung & Press, P.C.

Re: No Responsibility for Debts incurred by Others

His debts are his debts, and only his assets are liable for them. However, joint assets (depending on the nature and type of assets and how they are held) may be subject to execution for these debts. There is no notice that you can publish that affects this.

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Answered on 2/14/02, 10:22 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: No Responsibility for Debts incurred by Others

Posting a notice may work. There a several requirements

for this approach, one of which is the wording. Other requirements

include the time period, the publication, the placement of the

notice unambiguously within the publication, etc. Another method may

be to directly notify the parties who may have debts that these debts are personal

to the gambler.

With regard to their house, it depends on how it is titled. If it is titled as tenants by the entireties then

default on a mutual debt (i.e., a debt of both spouses) is required before the house

can be liened upon. A mutual debt can arise where one spouse incurs the debt and the other spouse

subsequently adopts the debt as his/her own.

Most importantly, where a gambling problem is encountered, treatment should be sought. Gambling is

a form of addiction and can bring serious and detrimental consequences if left unchecked. There are

several non-profit organizations as well as private counseling available.

If you need further assistance, please contact me at (410) 799-9002. I possess an ability to work with persons not entirely fluent with the English language.

G. Joseph Holthaus III

Attorney-at-Law

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Answered on 2/14/02, 9:52 am


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