Legal Question in Civil Litigation in Colorado

Re: Small claims judgement

Your question involves a number of issues. You have not provided sufficient information to allow me to provide a meaningful response. Some additional questions: Do husband and wife have common assets, such as jointly held bank / investment accounts, jointly owned real estate, or jointly owned automobiles? Did husband co-sign for debt or agree to be a coborrower? Was wife acting as an agent for the husband in incurring the debt? Did husband benefit from the debt incurred by the wife? Was it a medical debt and, if so, who signed the medical providers intake forms? These are only a few issues, although they are pretty important ones.

In theory, each person is responsible for their own debts only and a wife is not necessarily the agent of the husband, just by virtue of marriage. However, there are many exceptions to this general proposition arising out of various areas of law including, but not limited to, agency law, unjust enrichment principles, coborrower laws, and collection laws. Generally speaking, to answer your question, I would think like a creditor's lawyer. Is there some way I can say that husband assumed the debt, accepted the benefit of the debt, or was the principal for whom the debtor was acting as an agent in incurring the debt. I am also going to look for commingled assets, believing that any asset to which the husband and wife have equal right is subject to execution by a judgment creditor of the wife. (Transferring such an asset for the purpose of hindering, delaying or defrauding a creditor may run afoul of fraudulent transfer laws.)

Unfortunately, it really is not possible to answer your question without more information. If you would like to provide additional information, I would be happy to try to assist further.