Legal Question in Credit and Debt Law in Florida

In the state of Florida, is a person responsible for a judgement against a debt incurred by their spouse? I didn't go to court in regards to a debt as I didn't owe it, and a judgement was found against me for not attending. Now my hubby is freaking out, saying he's on the hook for my debt, even though no where on the paperwork is his name mentioned as being responsible or being a co-debtor.(This is not for a criminal matter, just a regular debt) Also, can the collector attach my car, even though 6 months earlier, I transferred title to my hubby? Is there a statute of limitations regarding the transfer of title--and could the collector attach my car to satisfy the lien?


Asked on 8/06/09, 5:22 pm

1 Answer from Attorneys
Philip Duvalsaint Philip A. Duvalsaint, PLLC

Generally speaking, only those listed in the judgment are responsible. However, since you are married, the judgment against you may affect your spouse's credit rating. In addition, the transfer the title to your spouse may have been fraudulent since it appears to be an attempt to avoid a debt. This might allow the creditor to serve a writ on the car and have it sold at auction. The fact that you claimed not to owe the debt is now irrelevant since you failed to respond to the complaint. You now owe the money and any transfers of assets you may have made (from the time that you knew of the case until now) could be subject to levy.

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Answered on 8/06/09, 6:21 pm


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