Legal Question in Business Law in Arizona
Default judgment
My husband is self-employed. He signed a rent agreement for 3 years, then breached the contract with $20,000+ owing. He is being sued and me also as ''Jane Doe'', his wife in this community property state. I received notice by certified mail of default judgment being sought against me. I responded with a letter stating that my husband and I had a sole and separate property agreement, sent a copy of the agreement. The lawyer's response was that the agreement didn't ''seem'' to be valid and they would seek the judgment against me also. The agreement was found to be valid by another attorney who researched it, in another legal situation. However, my husband keeps all papers sent to him in his name explicitely under lock and key. I do not have a copy of this letter and the attorney will not send me a copy because my husband has stopped his agreed upon payments to this attorney (in this other case). I have nothing to prove that this sole and separate property agreement is valid. What can I do? I don't want to be stuck with a judgment for actions that my husband undertakes, and he enters into contract without my knowledge. I only find out when he breaches a contract and I am served papers. Please help.
1 Answer from Attorneys
Re: Default judgment
If you are saying your husband won't give you a copy of the letter, then your problems are larger than your question. In a community property state you may be held liable for the indebtedness of a spouse for purchases necessary for survival and for business debts for items which benefited the community of which you are a part. A "sole and separate" agreement of which a creditor has no notice will not protect you.
Get legal representation for your present problem, and reconsider maintaining a situation which puts you in these circumstances.
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